IMPORTANT POINT
Need to check indiscriminate mushrooming of medical institution without infrastructural facilities emphasized.

Judgment

K.S. Radhakrishnan, J.

1. The petitioners have invoked the extraordinary jurisdiction of this Court conferred under Article 32 of the Constitution of India to quash the letter dated 13.07.2013 issued by the Medical Council of India by which the permission granted for renewal of admission for additional intake of students for the academic session 2013-2014 was revoked.

2. Rohilkhand Medical College and Hospital was established by Rohilkhand Educational Charitable Trust in the year 2005. The Medical College started the first M.B.B.S. Course during the year 2006-07 with an annual intake of 100 seats for which permission was granted under Section 10A of the Indian Medical Council Act, 1956 (for short "the IMC Act) by the Central Government. Later, the Medical Council of India (for short "the MCI") granted recognition to the College to award M.B.B.S. Degree granted by M.J.P. Rohilkhand University, Bareily, U.P. The College is also conducting post-graduate courses during the year 2011-12.

3. Permission was granted under Section 10A of the IMC Act for admitting the second batch of 100 students in the year 2007-08. The College later submitted an application for extension of renewal of permission for the admission of 3rd batch of 100 seats of M.B.B.S. for the academic year 2008-09 to the MCI. The MCI after processing the application constituted a medical team for inspection of the College. The team conducted the inspection on 1st and 2nd April, 2008. The - MCI team then submitted its report to the Secretary, MCI, New Delhi on 02.04.2008. The MCI team pointed out the following deficiencies in the College as per the MCI Regulations: "There was a shortage of teaching faculty by 21.05% (24 out of 114) and residents by 37.03% (30 out of 81) As under:

a. Professor - 4

b. Associate Professor - 13

c. Asstt. Professor - 3

d. Tutor - 4

e. Sr. Resident - 16

f. Jr. Resident - 14"

4. The MCI team also noticed that OPD attendance on the date of inspection was only 421 as against the minimum requirement of 850-900 and OPD bed occupancy was only 55% as against the minimum requirement of 83-85%. The MCI team inspection report, as per the Board Regulation, was placed before the Executive Committee in its meeting held on 14.04.2008 and it intimated its decision to the Central Government not to renew the permission for the admission of the 3rd batch of students for the academic session for the year 2008-09, vide its letter dated 16.04.2008. A copy of the letter was also sent to the Principal of the College with a request to submit the compliance in respect of the deficiencies pointed out by the MCI team on or before 30.04.2008.

5. The College later submitted its "compliance report". The MCI again constituted a team to examine whether the College had rectified the deficiencies pointed out by the MCI team. The MCI team again conducted an inspection on 20.05.2008 and submitted its report to the MCI. The report pointed out the following deficiencies :

i. "There was a shortage of teaching faculty by 18% (22 out of 110) and Residents by 5% (5 out of 82) as under:

a. Professor - 6

b. Associate Professor - 12

c. Asstt. Professor - 4

d. Tutor - NIL

e. Sr. Resident - 3

f. Jr. Resident - 2

ii. The OPD attendance on the date of inspection was only 691 against the minimum requirement of 850-900.

iii. IPD bed occupancy was only 55(74%) against the minimum requirement of 83-95%."

6. The MCI inspection report was later placed before the Executive Committee of MCI in its meeting held on 13/14-06-2008 and it was decided by the Committee not to renew the permission for the admission of 3rd batch of students for the academic year 2008-09. The Executive Committee's decision was communicated to the Central Government vide its letter dated 14.06.2008. The then Under Secretary, Ministry of Health and Family Welfare, New Delhi on 19.06.2008 forwarded the letter received from the MCI to the College requesting to submit the compliance in respect of the deficiencies pointed by the MCI inspection