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Karnataka
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Bangalore
B.S. Ramesh
BANGALORE: The Karnataka High Court has taken the lead in arriving at a solution to ensure that the future of nearly 100 students of the Basaveshwara Medical College and Hospital in Chitradurga is not put in jeopardy and that they will be able to continue their studies. The students had faced an uncertain future after the Medical Council of India (MCI) had not continued the recognition of the institution, citing lack of infrastructure. Ninety-four students were admitted to the college during 2001-02. The students had approached the authorities concerned seeking a direction to transfer them from the college to any other recognised institution in the State. The students were admitted to the medical course through the Common Entrance Test (CET) Cell. However, the Centre derecognised the college and the students apprehended that their degrees would not be recognised by the MCI. While the students wanted a transfer, the MCI was against it, saying that it not only violated the law but also directions of the Supreme Court. The MCI was not willing to grant recognition till the college fulfilled all the requirements. It said inspections of the institution showed that all deficiencies were yet to be removed. It said the students could be transferred only if the college was closed down. The State was unwilling to be a party to the closure. Nor did it want to take over the college. On its part, the college had said that it was willing to fulfil all the requirements and sought time. On the MCI requirement that some lecturers had not been appointed, it said there were no takers even after it had called for appointments to these posts. It said it was willing to bear the salary of these lecturers even if they are appointed by the Government. While the State Government was unwilling to take over the college, it was initially agreeable to transfer the students and had written to the Centre seeking its permission. In its letter of September 9, 2005, it said there were 74 seats in eight other medical colleges and sought its permission to transfer the students of the Basaveshwara Medical College.
The Government's move to transfer the students was stymied when the MCI on September 23 said it is not possible to agree for creation of any supernumerary seat in the light of the Supreme Court judgments. The Centre too had backed the MCI stand. The High Court was thus left with the task of unravelling a "Gordian knot" and come up with a solution acceptable to all.Justice N. Kumar, who had been hearing the case for the last few months, succeeded in persuading the parties to arrive at a compromise. On an earlier occasion, he had said that the parties had "an obligation to protect the interest of students who have secured a seat on merit and admitted on the basis of allotment by the State". He had said: "An attempt should first be made to solve the problem with the active cooperation of all the parties. Directions could be issued to protect the interest of the students only if this attempt fails." Justice Kumar on Friday constituted a committee comprising members of the MCI, State Government (Director of Medical Education), a retired judge and two retired principals of medical colleges. The committee is likely to go into the issue of infrastructure in the college and submit a report. The High Court will be giving further directions once it receives the report
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