What will happen to the lakhs of students who dream of becoming doctors? Is the Medical Council of India (MCI), the body responsible for screening students for admission to MBBS degrees, capable enough for such a work?

In spite of functioning for so many years has MCI been able to generate professional excellence?

There are so many questions which need to be answered, because MCI decides the future of young people throughout country. The Medical Council of India (MCI) had “repeatedly” failed in its duties and the quality of medical education in the country is at its “lowest ebb”, says the top court in India.

The Supreme Court has appointed a high-level committee headed by former CJI R M Lodha to manage and co-relate with the system efficiently monitor the functions of MCI until parliament can come up with suitable changes in the law to ensure transparency and efficiency.

The Supreme Court constitution bench has stated that the State has the power to regulate admissions, ensure reservations for Scheduled Castes and Scheduled Tribes and determine the cost of attendance in private medical colleges to prevent crass commercialisation of education.

“The medical graduates lack competence and skills in performing basic health care tasks. Instances of unethical practices and issues continued to grow and are still growing. The MCI had not been able to spearhead any serious reforms in medical education. The MCI neither represented the professional excellence nor its ethos,” said Justice A K Sikri, who wrote the judgment for the five-judge Constitution bench comprising justices A R Dave, R K Agrawal, A K Goel and R Banumathi. The system keeps out most meritorious and underprivileged students out of opportunity, the bench said.

The bench of five above mentioned justices delivered the judgment while dismissing a batch of petitions filed by private medical colleges of India. They had challenged the Madhya Pradesh government’s decision to hold a common entrance test to regulate admissions into private medical colleges in the state.

The Madhya Pradesh government had promulgated rules to conduct its own entrance exams, replacing those conducted by a private consortium of colleges, following allegations of malpractice, huge capitation fees, low service to students and denial of seats to meritorious candidates. Madhya Pradesh High Court had earlier upheld the state’s decision.

The private institutions had concluded that by exercising the power to frame regulations, the State could not check the function of conducting the admission test by the educational institutions. They said the State could only frame the regulations for such admission tests and could not take away the function of holding the exams.

However, rejecting the arguments of the private institutions, the apex court said private organisations’ fundamental right to carry out their profession, under Article 19(1)(g), was subject to reasonable restrictions in the larger interest of society by the government.

The bench said: “It is well-settled that the right under Article 19(1)(g) is not absolute in terms but is subject to reasonable restrictions…. Reasonableness has to be determined, having regard to the nature of right alleged to be infringed, purpose of the restriction, extent of restriction and other relevant factors to be considered.

“In applying these factors, one cannot ignore the Directive Principles of State Policy. The court has to try to establish a immediate balance between the fundamental rights of the people and the larger interest of the society…. The Constitution is primarily for the common man and the democracy is from the people, for the people and by the people. Larger interest and welfare of student community to promote merit, achieve excellence and curb malpractices, fee and admissions can certainly be regulated.”

It’s not about just becoming a ‘doctor’. The youth of our country need to get the best opportunities, in a fair manner, across all professions be they lawyers, engineers, professors or whatever.

[Prepared by Animesh from Media sources]

  education, Medical Council of India