1. Medical college seeking MBBS admission permission — repeated deficiencies in faculty and infrastructure — rejection of renewal by regulatory body — challenge to the rejection. (Para 1 , 2 , 3 , 5 , 6 , 8 , 9 , 12 )
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2021 Supreme(SC) 35
SUPREME COURT OF INDIA
L. NAGESWARA RAO, S. ABDUL NAZEER, INDU MALHOTRA, JJ.
Chintpurni Medical College and Hospital & Anr – Appellants
Versus
Union of India & Anr. – Respondents
Civil Appeal No. 155 of 2021
Decided On : 28-01-2021
Important Points
IMPORTANT POINT
Admission to MBBS Course – Denial of permission by Board of Governors in supersession of Medical Council of India owing to gross deficiencies of infrastructure, clinical material, teaching faculty and other physical facilities, is justified.
Admission to MBBS Course – Denial of permission by Board of Governors in supersession of Medical Council of India owing to gross deficiencies of infrastructure, clinical material, teaching faculty and other physical facilities, is justified.
Subject
Medical Education - Admission and Recognition of Medical Colleges
Act Referred
MEDICAL COUNCIL ACT: S.11(2), S.10(a), S.19
Headnote
Indian Medical Council Act, 1956 – Sections 11 (2) and 19 – Admission to MBBS Course – Denial of permission by Board of Governors in supersession of Medical Council of India to admit 150 students in MBBS course for academic year 2019-2020 – Renewal of permission for admission of 150 students for academic year 2015-2016 was rejected after inspection was conducted and it was found that there were gross deficiencies of infrastructure, clinical material, teaching faculty and other physical facilities – As recognition of college has not been cancelled, Appellants were given liberty to make an application for renewal of recognition – Appellants have not utilized opportunities given to them to rectify deficiencies in the past – Medical Council of India has even recommended cancellation of recognition granted to Appellants in view of lack of infrastructure, clinical, teaching faculty and other facilities – As per schedule application for renewal of permission should have been made by the Appellants on 07.07.2020. We find no fault committed by High Court in refusing permission to Appellant-College for making admissions for academic year 2020-2021 – Appellant-College is a recognised College and that it is open to second Respondent to take appropriate steps under Section 19 of Indian Medical Council Act – As recognition was for a period of five years which ends in year 2021, it is open to Appellants to apply for renewal of recognition – Any application preferred by Appellants shall be considered in accordance with law by second Respondent – Appellant-College shall be entitled for admissions for academic year 2021-2022 only if renewal of recognition is granted to first Appellant-College and it is found that there are no deficiencies like infrastructure, clinical, teaching faculty and other facilities. (Paras 5, 13, 14, 15 and 16)
Facts of the case:
Appellants requested the Medical Council of India for permission to admit 150 students in MBBS course for the academic year 2019-2020. The Board of Governors in supersession of Medical Council of India rejected the request on 21.05.2019. The Appellants filed a Writ Petition in High Court of Delhi questioning the correctness of the proceeding dated 21.05.2019. The High Court dismissed Writ Petition by its judgment dated 09.12.2020. This Appeal is filed challenging the said judgment.
Findings of Court:
Having found that the request made by Appellants for permitting MBBS course for the academic year 2019-2020 had become infructuous, the High Court rightly considered the entitlement of the Appellant-College for the academic year 2020-2021. In accordance with the time schedule fixed in respect of permissions to be granted to the medical colleges for admission to students, the last date for granting permission for the academic year 2020-2021 was 31.08.2020. As per the schedule an application for renewal of permission should have been made by the Appellants on 07.07.2020.
Result : Appeal dismissed.
Legal Category Hierarchy
Table of Contents
2. Whether a fixed-term debarment from admissions allows subsequent admissions without fresh inspection and whether the regulatory body erred in rejecting admission requests. (Para 13 , 14 )
3. History of gross deficiencies and failure to utilize opportunities for rectification necessitates fresh inspection before granting admission permissions to ensure standards. (Para 14 , 15 )
4. Admission permissions cannot be granted automatically post-debarment where an institution has failed to rectify gross deficiencies in infrastructure and faculty. (Para 14 , 15 , 16 )
5. Appeal dismissed; college permitted to apply for renewal of recognition under the Indian Medical Council Act, subject to inspection and deficiency rectification. (Para 16 , 17 )
6. Does the expiration of a specific debarment period entitle a medical college to admit students without a fresh inspection?
No. If a college has a history of gross deficiencies in infrastructure, faculty, and clinical material, it is not entitled to make admissions without a fresh inspection, even if a specific debarment period has ended. (Para 14 )
7. What is the effect of failing to comply with conditions for conditional recognition of a medical college?
Failure to comply with the stipulated conditions for conditional recognition renders such recognition invalid, justifying the rejection of requests for admission permissions. (Para 12 )
8. Can a medical college apply for renewal of recognition if it has been debarred from admitting students?
Yes, if the college remains a recognized institution, it may apply for renewal of recognition under Section 19 of the Indian Medical Council Act, provided it rectifies all deficiencies. (Para 16 )
JUDGMENT :
L. NAGESWARA RAO, J.
1. The Appellants requested the Medical Council of India for permission to admit 150 students in MBBS course for the academic year 2019-2020. The Board of Governors in supersession of Medical Council of India rejected the request on 21.05.2019. The Appellants filed a Writ Petition in the High Court of Delhi questioning the correctness of the proceeding dated 21.05.2019. The High Court dismissed the Writ Petition by its judgment dated 09.12.2020. This Appeal is filed challenging the said judgment.
2. The first Respondent granted letter of permission to the first Appellant-College on 30.06.2011 for intake of 150 students in the MBBS course for the academic year 2011-2012. As the inspections carried out by the assessors of the Medical Council of India revealed gross deficiencies of the teaching faculty, clinical material and the other physical facilities in the medical college, the Board of Governors recommended that the renewal of permission should not be granted to the first Appellant-College for the academic years 2012-2013 and 2013-2014. The Writ Petition filed by the first Appellant-College was dismissed by the Punjab and Haryana High Court pursuant to which no admission could be made for the academic years 2012-2013 and 2013-2014.
3. The first Appellant-College sought renewal of permission for the academic year 2014-2015. In view of the deficiencies in teaching faculty, clinical material and the other physical facilities in the college, recommendation was made by the Executive Committee of the Medical Council of India not to renew the permission for the academic year 2014-2015 which was accepted by the first Respondent. The first Respondent informed the Appellant-College on 15.07.2014 that the request for renewal of permission for admitting 150 medical students for the academic year 2014-2015 was rejected.
4. Orders were issued by this Court on 18.09.2014 and 20.09.2014 in Writ Petition (C) No.469 of 2014 titled as “Hind Charitable Trust Shekhar Hospital Private Limited v. Union of India & Ors.” by which private medical colleges whose application for renewal of permission was disapproved were permitted to make admissions, subject to the undertaking by the President/Chairman and Secretary of the Medical College that there is no deficiency existing in the medical college. This Court held that if the undertaking was found to be incorrect at the time of next physical inspection of the medical college, the bank guarantee of Rupees Ten Crores, furnished by the medical college shall be forfeited by way of penalty. The second Appellant-College submitted an undertaking on 28.09.2014 that there is no deficiency existing in the facilities and that in the event of any deficiency being found in the inspection, the bank guarantee of Rs.9.5 Crores shall be forfeited. Consequent upon the undertaking, the first Appellant-College was permitted to admit students for the academic year 2014-2015.
5. Renewal of permission for admission of 150 students for the academic year 2015-2016 was rejected after an inspection was conducted and it was found that there were gross deficiencies of infrastructure, clinical material, teaching faculty and other physical facilities. The first Respondent accepted the recommendations of the Medical Council of India and rejected the request of the Appellant College to grant renewal of permission for admissions for the academic year 2015-2016 by its letter dated 15.06.2015.
6. On 16.12.2015 physical assessment for grant of recognition was carried out. Another physical assessment was held on 25/26th February, 2016 as there were allegations against the first Appellant-College relating to arranging fake faculty doctors, residents, patients etc. only for the purpose of Medical Council of India’s assessment. It was decided by the Medical Council of India to conduct another surprise physical inspection. In the surprise inspection which was conducted on 16.03.2016, deficiencies were found on the basi
