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Gujarat HC comes to rescue of Kesar Sal med students

400 med students to be moved to BJ, NHL.

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After five years of litigation, students of the Kesar Sal medical college, whose recognition was discontinued by the Medical Council of India (MCI) in 2005, heaved a sigh of relief on Thursday as the Gujarat high court ensured their recognition in medical studies.

As many as 400 students of the self financed medical college had to endure a series of litigations after they were stranded following closure of the college. A division bench of the Gujarat high court, consisting of chief justice SJ Mukhopadhaya and justice Akil Kureshi, delivered a significant judgment which has paved the way for a bright career for the students.

The court accepted arguments tendered by senior counsel Sudhir Nanavati and Saurin Mehta that, the state government is obligated to provide transfer of students to other recognised institutes if their college's affiliation discontinued by the MCI.

Delivering the order, the bench said, "without intervention of the court perhaps, instead of obtaining MBBS degrees, they would have had nothing further to show beyond passing 12th standard. All along we built an opinion that students were at no fault. We are therefore, of the opinion that for no fault of theirs, several young bright students should not meet with such a cruel fate."

According to the order, the Gujarat University has to give degree certificate of MBBS, once the students complete their studies and internship. They will also consider as eligible, candidates for post graduate courses.

The court further said, the students who are on the verge of completing the course shall be accommodated at BJ and NHL medical colleges for their internship without stipend and they shall be granted recognised degree certificates once they complete the same.

The students othe Kesar Sal college are able to pursue their studies upon an interim high court order. The high court had ordered the formation of a four-member committee to look after the studies of the students and the study facilities be continued in the medical college.

Some of the students are studying in the final years of MBBS and a few have completed their studies and are doing internship in BJ and NHL medical colleges. The court also pointed out in the order that Kesar Sal medical college continue to bear the expenses.

The students had to pursue their studies at Kesar Sal as the authorities of BJ and NHL refused to absorb the students due to lack of infrastructure.

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