Calcutta High Court sets aside private nomination to PG courses:"Turn blind eye to merit"

Panasam Akshara | Calcutta HC | Jun 29,2022

Case title:Sri Daksh Singhal & Ors v.The State of West Bengal and Others

Justice Moushumi Bhattacharya with a bench of petitioners contended that nominations made by Rai Bahadur Seth Sukhlal Karnani,Chandanmull Karnani Trust to Institute of Post-graduate medical education and research (IPGEM&R) a government hospital were made outside the scope of Medical Council of India and Postgraduate Medical Education Regulations,2000.They further explains the students nominated by the private trust has secured lower marks as compared to petitioners in NEET-PG,2021 and also there nominations were contradicting to MCI Regulations,2000.

Now, the court opinioned that after the amendment of Indian Medical Council Act,1956 and Post-graduate Medical Education Regulations,2000 especially Regulation 9 it has not only reinforced unitary and single-point entry for admissions by conducting a common eligibility test, but also states that the order of merit cannot be disturbed.Court also opinioned the method used by trust was dressed with secrecy.A reference was made to the earlier case of Faculty Association of All India Institute of Medical Services v.Union of India which held no compromise shall be made with merit as a result to it court set aside the nominations made by the trust.