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2021 Supreme(SC) 331
SUPREME COURT OF INDIA
L. Nageswara Rao, Krishna Murari, JJ.
Dumka Medical College, Dumka & Another - Petitioners
Versus
Board of Governors in Supersession of Medical Council of India & Another - Respondents
Writ Petition (C) No.932 of 2019, Writ Petition (C) No.945 of 2019, Writ Petition (C) No.970 of 2019, Writ Petition (C) No.72 of 2021
Decided On : 16-02-2021
Headnote:
Constitution of India, 1950 - Compliance verification assessment was carried out by the MCI - Physical assessment was carried out by the MCI - Seeking permission for establishment of a new Medical College State of Jharkhand filed an application permission to establish a new Medical College at District - Government of India forwarded the scheme of Medical College to Medical Council of India - Petitioner-College was informed by a letter MCI about deficiencies and was given 30 days’ time to rectify the deficiencies - No compliance was received, two reminders were sent to College authorities by the MCI vide letters Compliance report was submitted by the College - Hearing Committee decided not to grant permission for establishment of a new Medical College at view of deficiencies of faculty (100 per cent) and very low bed occupancy - MCI communicated decision not to grant permission to College by a letter - Petitioner filed this Writ Petition challenging letter - It was submitted by Petitioner before this Court on deficiencies pointed out by the MCI have been rectified - Submission made on behalf of Petitioner, this Court relied upon an earlier order passed in connection with three Government Medical Colleges from State of Bihar and four Government Medical Colleges from State of Uttar Pradesh and permitted Petitioner-College to be allotted seats through Centralized Admission Process, strictly in order of merit - assessment carried out and to assess the infrastructure available with College - College was directed to rectify deficiencies within a period - Writ Petition was listed on which date the learned counsel appearing - Principal of College to appear before the Hearing Committee - Explanation given by the Petitioner-College for not rectifying the deficiencies was not accepted by MCI and disapproved the case of College for renewal of permission for admitting second batch of MBBS students for academic - Response to the request made by the State Government for establishment of a new Medical College at with an intake of 100 MBBS students for the academic – Held, National Eligibility-cum-Entrance Test (NEET) MBBS Examination held - They were aggrieved by decision taken by MCI not to grant approval for admissions to the three Medical Colleges in State of Jharkhand at Districts - Grievance of Petitioners is that 300 seats out of 580 medical seats in the State of Jharkhand are allotted to named three Medical Colleges. If permission is not granted to three Medical Colleges for making admissions for the academic chances of the Petitioners pursuing medical course would reduce - They have filed this Writ Petition seeking to quash letter issued by the MCI by which a decision was taken not to grant renewal of approval for admission of second batch of MBBS students to Hazaribagh Medical College - affidavit was filed Secretary Department of Health, Medical Education and Family Welfare, Government of Jharkhand that certain deficiencies have been rectified and the remaining shall be rectified within a period of three months - Chief Secretary of the State of Jharkhand filed an undertaking, remaining deficiencies shall be removed within a period of three months - In the inspection conducted by the MCI to consider the renewal of permission for MBBS second batch of students for academic gross deficiencies still continued to exist in the three Medical Colleges - gross deficiencies still exist in spite of affidavits and undertakings filed on behalf of the State of Jharkhand. No action has been taken to improve the situation - State Government is directed to rectify all the deficiencies that have been pointed out by MCI at the earliest and make an application for renewal of permission for admission of the second batch of MBBS students for the academic year - Writ Petitions are dismissed.
JUDGMENT :
L. NAGESWARA RAO, J.
1. The Government of India identified three Districts in the State of Jharkhand namely Dumka, Hazaribagh and Palamu for establishing new Medical Colleges. A Memorandum of Understanding was entered between the Ministry of Health and Family Welfare, Government of India and State of Jharkhand under the Centrally sponsored scheme namely “Establishment of New Medical Colleges Attached with Existing District/Referral Hospitals”, to establish new Medical Colleges in the State. The State of Jharkhand granted essentiality certificates to all the three proposed Medical Colleges.
Writ Petition (C) No.932 of 2019
2. The State of Jharkhand filed an application on 05.07.2018 for permission to establish a new Medical College at District Dumka. The Government of India forwarded the scheme of the Medical College to the Medical Council of India (hereinafter, ‘the MCI’) on 13.07.2018 for considering the establishment of a new Medical College with an annual intake of 100 students in MBBS course for the academic year 20192020. A physical assessment was carried out by the MCI on 19/20th December, 2018. During the inspection, the following gross deficiencies were found:
1. “Faculty & Residents – 100 % deficiency.
2. Bed occupancy – 25.3 %.
3. OPD attendance – 250 against 400.
4. Infrastructure for – LTs, examination hall, central library residential accommodation, practical lab in pre & para-clinical not available.
5. Blood Bank – license validity expired.
6. Deficiency of nursing staff-50 available against required – 175.
7. No AREB for X-ray machine.
8. Causality – bed occupancy – 0%.
9. OTs – 3 major OTs & 1 minor OT deficiency.
10. No beds in – dermatology, psychiatry, ortho; shortage of beds in OBG.
11. No teaching area in OPD & wards.
12. OPD- not computerize.
13. No dressing & Plaster room, no speech therapy”.
3. The Petitioner-College was informed by a letter dated 30th January, 2019 by the MCI about the deficiencies and was given 30 days’ time to rectify the deficiencies. As no compliance was received, two reminders were sent to the College authorities by the MCI vide letters dated 04.04.2019 and 23.04.2019. Compliance report was submitted by the College on 23.04.2019. A compliance verification assessment was carried out by the MCI on 14th May, 2019. The Council’s Assessors found that the buildings were under construction and the Dean of the College was not available.
4. By a letter dated 23.05.2019, the MCI requested the Dean/Principal of the College to appear before the Hearing Committee on 28.05.2019. The Dean/Principal of the Medical College did not appear. The Hearing Committee decided not to grant permission for establishment of a new Medical College at Dumka in view of the deficiencies of faculty (100 per cent) and very low bed occupancy (25.3 per cent). The MCI communicated the decision not to grant permission to the College by a letter dated 31.05.2019. The Petitioner filed this Writ Petition challenging the letter dated 31.05.2019. It was submitted by the Petitioner before this Court on 19.08.2019 that all the deficiencies pointed out by the MCI have been rectified. After recording the submission made on behalf of the Petitioner, this Court relied upon an earlier order passed in connection with three Government Medical Colleges from the State of Bihar and four Government Medical Colleges from the State of Uttar Pradesh and permitted the Petitioner-College to be allotted seats through the Centralized Admission Process, strictly in order of merit. The Principal Secretary, Department of Health, State of Jharkhand was directed to file an affidavit that the deficiencies in question have been rectified and that the remaining deficiencies will be removed within a period of three months from the date of the order.
5. To verify the status of deficiencies pointed out at the previous assessment carried out on 19/20th Dece
