Court Removes Kerala Ordinance of 180 Students

Eklavya Overseas. December 15, 2019

The Supreme Court has removed the ordinance passed by the Kerala Government in October 2017 to standardize the admission of 180 medical students, according to a report on Live Law. Earlier in March 2017, the apex court had dropped the admission of the 180 students after the State Admission Supervisory Committee has found disparities in the admission procedure for professional colleges. The committee had asked the government to expel 150 students from Kannur Medical College and 30 students from Karuna Medical College in Palakkad. The Government had passed an ordinance in October and brought the Regularisation of Admission in Medical Colleges bill in April for Kerala Professional colleges to override this judgment. The Kerala Government refused to give his approval to the bill but was challenged by Medical Council of India in the highest court. On Wednesday, the ordinance was termed as “ultra vires” or beyond the legal capability of the State Government by a bench of Justices Arun Mishra and Indu Malhotra. The court further stated that the ordinance was interference to judiciary powers and abuse of process.

The Original Case

In 2016, the Kerala High Court had passed a verdict to cancel the admission of 180 in two colleges – Kannur Medical College and Karuna Medical in Palakkad- stating the admission process was not transparent. The court further alleged that these colleges had admitted 180 students instead of meritorious candidates. The High Court’s verdict was upheld by the Supreme Court and rejected the State review petition on March 28.

On April 5, the court further stayed the ordinance operation stating constitutional mistake. Even the state’s Government P Sathasivam refused to approve the bill after few days.

The Government states the objective of this bill to save innocent students from losing their academic year. But even official panels and MCI had declared the ordinance unconstitutional.

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