IMPORTANT POINTS
It is Open to the MCI to choose the manner of compliance verification and there is no fetter on second inspection by it.

JUDGMENT :

L. Nageswara Rao, J.

Leave granted.

1. The High Court directed the Appellant to recommend grant of permission to the Respondent No.1 – College for admission of 150 seats in 1st year MBBS for the academic session 2018-19. By the impugned judgment, the High Court also directed Respondent No.2 – Union of India to issue a letter of permission on the basis of recommendation of the Appellant. Aggrieved thereby, the MCI has filed this appeal.

2. Respondent No.1 (hereinafter referred to as “the College”) was granted permission to start a medical college for the academic year 2008-09 with an intake of 100 students. Thereafter, a Notification was issued under Section 11(2) of the Medical Council of India Act, 1956 granting recognition of the course. The College applied for enhancement of the intake of students from 100 to 150 for the academic session 2016-17. The Appellant recommended for grant of approval to increase the intake which was accepted by the Government of India. The application for renewal of permission with an enhanced intake of 150 students for the academic year 2017-18 was also considered favourably by the Appellant and Respondent No.2.

3. The College applied for renewal of permission for the 3rd Batch of admissions with the intake of 150 students for the year 2018-19. An inspection was conducted on 18th/19th September, 2017. The Executive Committee of the Appellant-MCI considered the Assessment Report pursuant to the inspection conducted on 18th/19th September, 2017 and noted the following deficiencies :

“1. CT Scan is single slice against minimum 16 slice required.

2. Examination Hall: Out of 2 Examination Hall available, 1 is actually an Auditorium which cannot be considered as Examination Hall; hence there is deficit of 1 Examination Hall.

3. Other deficiencies as pointed out in the assessment report.”

4. In view of the above deficiencies, the Executive Committee of the MCI decided to recommend not to renew the request for permission to admit 3rd Batch of MBBS students against the enhanced intake of 150 students. The deficiencies found in the inspection conducted on 18th/19th September, 2017 were communicated to the College. The College was informed about a hearing to be conducted on 19th December, 2017. A representation was made by the College to the Hearing Committee which found that the two deficiencies pointed out appear to have been rectified on the basis of the documentary evidence submitted by the College. The Hearing Committee suggested that the Appellant “may review and make revised recommendation without any need for compliance verification.” Respondent No.2 referred the matter back to the Appellant along with the representation submitted by the College and requested the Appellant to conduct a review.

5. The Appellant directed another inspection to be conducted on 14th March, 2018. On the basis of the inspection, the assessors submitted a Compliance Verification Assessment Report noting the following deficiencies:

“1. Deficiency of faculty is 7.75% as detailed in the report.

2. Shortage of Residents is 16.12% as detailed in the report.

3. Bed Occupancy at 10 a.m. on day of assessment was 53.11%.

4. Patients: Many patients in different wards were admitted since two to three months. In one male medicine ward 22 patients out of 34 were admitted since 29th January/ some from 30th January some from 31st January till date. There was only one patient in Dermatology ward rest of the patients as per the HOD Dermatology were shifted from Orthopaedics Ward. Also 49 patients admitted in different wards did not require admission were admitted for minor complaints like low backache/ osteoarthritis/ vertigo etc. One patient Mr. Raju with amputated leg with prosthesis explained himself that he doesn’t have any health problem. Wards are not as per MCI norms.

5. There is no separate record of OPD & IPD patients in the laboratory.

6. Number of Haematology tests in the register in the system could not be shown to the assessors duri