The High Court of Karnataka has annulled the Medical Council of India’s (MCI) circular making Common Entrance Test (CET) mandatory for admission to MBBS course under non-resident Indian (NRI) quota from the academic year 2015–16. This order comes as a big relief for unaided private medical colleges.
The verdict was delivered on April 17 by A Division Bench comprising Justice B.S. Patil and Justice P.S. Dinesh Kumar at the court’s Dharwad Bench .while allowing petitions filed by S. Nijalingappa Medical College, Bagalkot, J.N, Medical College, Belagavi, and SDM College of Medical Sciences and Hospital, Dharwad. The circular, which was issued by the MCI was questioned regarding its legality by The colleges, besides challenging the insistence to hold CET to fill up NRI quota. The NRI quota makes 15 per cent of the total intake of a college. “The MCI sought to introduce entrance test for NRI category students as per the report of the executive committee, which is apparently contrary to the nature of the power invested with the committee and the procedure prescribed under the IMC Act, 1956,” the Bench said.
The Supreme Court recognised rights of unaided private medical colleges to admit NRI students by setting their own method of assessment among applicants pending legislation to be brought by the Centre or the States, but the circular issued was contrary to the formal announcement or declaration of the Supreme Court.
The court said, the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006,gives power to private colleges to fill up 20 per cent of the seats . These 20 percent comprises of 15 under NRI and 5 management quota respectively. The college managements and the State came to the conclusion and made this agreement.