In a stern order, Information Commissioner Yashovardhan Azad said such allocation is creating an "uncertain future for the candidates" admitted against these seats.
The comments of the Information Commissioner came on an RTI application from a medical student who wanted to know whether the MS Ophthalmology seat offered to her, out of the two seats at Dr BR Ambedkar Medical College in Bangalore was recognized by Medical Council of India. But no response was given to her following which she approached the Commission.
"It is in public interest and in the interest of thousands of meritorious students that the Central Government and the MCI should direct the Medical Colleges to furnish the list of students admitted in excess of admission capacity for every Academic session to the MCI and then take immediate appropriate action," Azad said.
He said," The Central Government and the MCI are also strongly advised to undertake a critical review of the hundreds of seats to various courses in Medical Colleges all over the country which have been allotted over and above the sanctioned capacity, thereby creating an uncertain future for the candidates admitted against these seats."
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The applicant Sridevi Prakash T told the Commission that
out of the two seats only one was recognised while the other had "permitted" status because of certain deficiency in the medical college.
"It is the grievance of the appellant that the MCI did not issue a certificate of recognition to the MS programme pursued by her and therefore, she is unable to register herself with the State Medical Council," Azad noted.
"...The appellant through her RTI has raised a matter of denial of justice to a meritorious and deserving student. The appellant has been clearly discriminated against by denial of her legitimate right in the instant case," Azad pointed out.
The Information Commissioner said the tragic situation for the appellant in this case is that every concerned authority has evaded responsibility from giving a clear answer.
Azad said however, neither the Medical College nor the State Medical Council took decision on this case, which on merits could have been easily decided.
He said CPIO (MCI) also evaded responsibility by stating that MCI is not a seat allotting authority but only a recognising body which gives permission for establishment of new Medical Colleges or new courses of study.
The Commission directs the MCI to give information to the appellant in clear and unequivocal terms whether her seat is recognised by the MCI or not within 4 weeks of the receipt of the Order, under intimation to the Commission, he said.