New Delhi, Nov. 7 -- The archaic practice of admitting candidates in the MBBS course in West Bengal continued for many decades with each successive state government failing to abolish the custom which often invited criticism from various quarters who believed that prestigious medical seats should be distributed on the basis of merit alone.
Unworthy candidates have managed to secure seats in top state-run medical colleges in the city over the years, thanks to their rich parents. Each successive government allegedly made little effort to abolish the system, arguing that there was a contractual obligation to the benefactors dating back a long time.
For example, a medical practitioner, MN De, donated Rs 50,000 to the Calcutta National Medical Institute in 1964 for a hospital block with the condition that he would be entitled to nominate a student for admission to the Institute's Pre-Medical Course. In 1967, the Institute was transferred to the state government under West Bengal Act XVII of 1967. In 1972, the West Bengal government framed the West Bengal State Medical and Dental Colleges (Admission of Students) Rules, 1972, prescribing minimum educational qualifications for admission to the Pre-Medical Course, including a requirement of 50% marks in the three science subjects.
MN De filed a petition in Calcutta High Court after the medical college denied admitting the petitioner's nominee who had secured less than 50% marks in the science subjects. The petitioner challenged the validity of the rules and the denial of admission, claiming breach of contract and discrimination.
In the landmark judgment of the Calcutta High Court in M.N. De v. Principal, Calcutta National Medical College (1973), the court dismissed the writ petition and observed that no donor contract or document can limit an educational institution's right to modify educational standards or admission rules over time. Donors or their nominees are not a privileged class exempt from general educational qualification obligations. The governing body of an educational institution has the full right to raise qualifications to ensure high-standard medical education and public interest.
Published by HT Digital Content Services with permission from Millennium Post.