The Bombay High Court has taken note of the rules for admission to post graduate medical and super-specialty courses. The court while deciding on a petition filed by a few students has now ruled that admission to super specialty courses can be given only to students having a degree recognized by the Medical Council of India (MCI). The discrepancy came to light following a petition filed by Dr Bhavin Pujara along with four others who had challenged the admission of few students on the ground that they did not have degrees recognized by the MCI. The petitioners have challenged the admission given to one Mukund Bajaj,who according to the petition,was declared eligible and placed at rank seven of the DM super specialty course merit list,even though the candidate did not have a recognized degree. Pujara stated that the eligibility condition for admission to Doctor of Medicine and Masters of Chirugie (super specialty) medical courses as laid down by the MCI is that the candidates applying must possess recognized degree of MD or MS. Bajaj attained his MD degree from Ambejogai Medical College which is not recognized by the MCI,the petition states. However,during the course of hearing,it was pointed out to a division bench of Justice D K Deshmukh and Justice R S Mohite by Bajajs counsel that the state government in their 2008 rules had omitted certain part of the rules due to which the criteria did not get limited to degrees recognized by the MCI. According to their earlier rules,the state had prescribed that the candidate must posses recognized post graduate degree MD/MS (or its equivalent) from a medical college recognized by MCI. However,their 2008 rules just state that the candidate must posses post graduate degree MD/MS (or its equivalent) from a medical college. The latest rule omitted the mandatory criteria of having a degree recognized by the MCI. Pujara states that the eligibility conditions laid down by the MCI was being followed by the Directorate of Medical Education and Research till 2007. However,the conditions were unilaterally changed by DMER for 2008 without any approval fro m the MCI,petition states. Pujara and others had then made a representation before the DMER stating that many candidates of MHSSET-2008 who are placed at ranks 1 to 30 have degrees from unrecognized colleges and sought for revision of merit list. Despite their representation the list was not revised,petition states. Pujara had sought the court to direct for revision of merit list and reconsider the forms of eligible candidates. The court,however,observed that the admission for ineligible candidates was given in the wake of the new rules by the state and DMER. The court then held that the students who have been already admitted can continue. However,HC has ruled that in the future the state and DMER has to adhere to the rules laid down by MCI for admission, said petitioners lawyer Mukesh Vashi.
