Kerala High Court had earlier turned down the student's plea for regularising their
admission
The Supreme Court has used its special powers to allow four
Kerala students to complete their MBBS course despite their admission being irregular
as they had failed to clear the entrance examination cutoff (EEC). A
bench of Justices Cyriac Joseph and Ranjana Prakash Desai, treated the matter as
a “special case” and allowed the private medical college students to finish their
course as they had completed four and half years of study. “In the light of the
peculiar facts and circumstances stated above, we are of the view that it is quite
unjust and unfair to discharge the appellants at this stage,” Justice Joseph wrote
in the judgment. “This is an eminently fit case for invoking this court’s powers
under Article 142 of the Constitution to permit the appellants to continue and complete
the MBBS course to which they were admitted in the year 2007.”
Deepa Thomas, Anu Rubina Ansar, Anjana Babu and Abhay Babu were admitted to various
medical colleges in 2007-08 although they had failed to meet the eligibility criteria
stipulated by the Medical Council of India. The council regulations insist on a
minimum of 50 per cent marks in the qualifying examination and the competitive entrance
examination (CEE), the prospectus issued by the private medical colleges overlooked
the competitive exam requirement. Although the students fulfilled the criteria for
the qualifying examination, they could not secure the minimum 50 per cent marks
in the CEE, but were admitted to the course by the colleges. Kerala High Court had
earlier turned down the students’ plea for regularizing their admission.
Courtesy: The Telegraph
