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Friday, February 26, 1999

Varsity raises point of propriety

Prafulla Marpakwar  
MUMBAI, FEBRUARY 25: The Mumbai University and Maharashtra Medical Council (MMC) seem set on a collision course, with the varsity questioning the council's propriety in summoning Controller of Examinations A Y Joglekar for deposing in the on-going probe into the MBBS marks scandal.

The MMC sub-committee, comprising Sudhir Dagaonkar, Deepak Palande and Hemant Sawant, had requested Joglekar to depose on February 11. But when Joglekar failed to turn up, claiming that he had no instructions from Vice-Chancellor Snehalata Deshmukh, the MMC decided to summon him by invoking the quasi-judicial provisions of the MMC Act. ``Under Section 22 of the MMC Act, all inquiries are treated as judicial proceedings as per the provisions of the Indian Penal Code,'' said an MMC member.

Accordingly, Joglekar was directed to appear before the committee today. However, he failed to turn up, and instead, University Registrar P V Pradhan handed over a letter to MMC Registrar A K Karekar. In this, Pradhan has stated that since theUniversity has sought the advice of Governor P C Alexander - also the Chancellor of the University - it would not be possible for the university to ask Joglekar to despose before the committee. ``We are awaiting the Chancellor's instructions since the issue also concerns the autonomy of the university,'' reads the letter.

Pradhan has also questioned the council's powers under section 27 of the MMC Act to summon Joglekar. ``The MMC has no powers to summon the Controller of Examination as a witness in the case,'' he claimed. However, a senior MMC member countered that the council had ample powers to summon Joglekar. ``Under section 27 of the MMC act, the council is empowered to collect information relating to the awarding of medical and surgical qualifications. Since, Joglekar is an official of the University connected with the awarding of the MBBS degree, it is within the jurisdiction of MMC to summon him,'' pointed out the member.

The MMC has also been empowered to exercise powers under the CivilProcedure Code and Criminal Procedure Code. While holding any inquiry under section 22 of the MMC Act, the council can enforce the attendance of any person, examine him or her on oath and compel the production of documents, he added. Since the University has refused to depute Joglekar, the council will seek legal opinion and take action accordingly, the council member told Express Newsline.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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