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2019 Supreme(Del) 2190
IN THE HIGH COURT OF DELHI AT NEW DELHI
Anu Malhotra, J.
Mulayam Singh Yadav Medical College & Hospital and Another – Appellants
Versus
Union of India And Others – Respondents
Writ Petition (Civil) No. 7159 of 2019; Civil Miscellaneous Application No. 29827 of 2019
Decided On : 29-08-2019
Gaurav Bhatia, Adv., Utkarsh Jaiswal, Adv., Himanshu Shekhar Tripathi, Adv., Jasmeet Singh, Adv., Vikas Singh, Adv., T. Singhdev, Adv., Puja Sarkar, Adv., Tarun Verma, Adv., Michelle, Adv., Abhijit, Adv., Arunima, Adv., Sumangla, Adv.
Headnote:
MEDICAL COUNCIL OF INDIA ACT, 1956 - SECTION 10A - RENEWAL OF PERMISSION FOR ADMISSION OF 2ND BATCH OF 150 MBBS SEATS - DEFICIENCIES IN FACULTY, RESIDENTS, CLINICAL MATERIAL, BED OCCUPANCY, NO MAJOR AND MINOR SURGERY DONE ON THE DAY OF ASSESSMENT, NO DELIVERY ON THE DAY OF ASSESSMENT, NO CMO AVAILABLE IN CASUALTY, NO STATIC X-RAY UNIT AVAILABLE IN CASUALTY, OT SHARED BY OPHTHALMOLOGY - ENT - NO SEPTIC OT - ONE DEFIBRILLATOR AVAILABLE FOR ALL OTS, NO PATIENT IN CLEAN, SEPTIC, ECLAMPSIA, LABOUR ROOM, 800/1000 STATIC X-MACHINE - SHORT, CELL SEPARATION FACILITY NOT AVAILABLE IN BLOOD BANK, RESEARCH FACILITY NOT AVAILABLE IN CENTRAL RESEARCH LAB, NO PROJECTION SCREEN IN DEMO ROOM OF PATHOLOGY, PHARMACOLOGY, MICROBIOLOGY, FORENSIC MEDICINE AND COMMUNITY MEDICINE, NO COLD CHAIN EQUIPMENT AVAILABLE IN RHTC, DEFICIENCY OF FACULTY-17.02%, DEFICIENCY OF RESIDENTS 25.53%, OTHER DEFICIENCIES AS POINTED OUT IN THE ASSESSMENT REPORT - HEARING COMMITTEE NOTED THAT THE CLINICAL MATERIAL WAS CONSISTENTLY INADEQUATE OVER THE LAST TWO ASSESSMENTS - HEARING COMMITTEE ALSO FOUND THE EXPLANATION OFFERED BY THE COLLEGE AUTHORITIES UNSATISFACTORY - IN VIEW OF THE DEFICIENCIES OF FACULTY AND RESIDENTS AND INADEQUATE CLINICAL MATERIAL, THE HEARING COMMITTEE RECOMMENDED NOT TO GRANT RENEWAL OF PERMISSION FOR ADMISSION OF 2ND BATCH OF 150 MBBS SEATS FOR THE ACADEMIC YEAR 2019-20 AT MULAYAM SINGH YADAV MEDICAL COLLEGE & HOSPITAL, MEERUT, U.P. - RECOMMENDATION OF THE HEARING COMMITTEE WAS ACCEPTED BY THE BOARD OF GOVERNORS IN SUPERSESSION OF THE MEDICAL COUNCIL OF INDIA, WHICH THUS DECIDED NOT TO RENEW THE PERMISSION FOR ADMISSION OF THE 2ND BATCH OF THE PETITIONER COLLEGE FOR THE ACADEMIC YEAR 2019-20 - PETITIONER DIRECTED NOT TO ADMIT ANY STUDENTS IN THE MBBS COURSE FOR THE ACADEMIC YEAR 2019-20 - PETITIONER HELD FREE TO APPLY AFRESH FOR THE NEXT ACADEMIC YEAR STRICTLY AS PER THE PROVISIONS OF THE IMC ACT, 1956 AND REGULATIONS FRAMED THEREUNDER.
Fact of the Case:
PETITIONER INSTITUTE SEEKS THE QUASHING OF THE IMPUGNED ORDER DATED 18.05.2019 OF THE RESPONDENT NO.2 I.E. THE BOARD OF GOVERNORS IN SUPERSESSION OF THE MEDICAL COUNCIL OF INDIA, WHEREBY THE REQUEST OF THE PETITIONER COLLEGE FOR GRANT OF FIRST RENEWAL OF PERMISSION TO ADMIT THE SECOND BATCH OF FRESH 150 STUDENTS IN THE MBBS COURSE FOR THE ACADEMIC YEAR 2019-20, WAS DISAPPROVED AND THE PETITIONER FURTHER SEEKS THAT THE RESPONDENTS BE DIRECTED TO GRANT 1ST RENEWAL OF PERMISSION TO THE PETITIONER COLLEGE TO ADMIT THE SECOND BATCH OF FRESH 150 STUDENTS IN THE MBBS COURSE FOR THE ACADEMIC YEAR 2019-20.
Finding of the Court:
THE DEFICIENCIES AS POINTED OUT BY THE MINUTES DATED 07.05.2019 OF THE HEARING COMMITTEE HAVE BEEN TAKEN INTO ACCOUNT BY THE RESPONDENT NO.2 AND THAT THE ORDER OF THE RESPONDENT NO.2 DATED 18.05.2019 NOT GRANTING THE PERMISSION TO THE PETITIONER COLLEGE FOR AN INTAKE OF 150 MBBS STUDENTS I.E. THE SECOND BATCH FOR THE ACADEMIC YEAR 2019-20 CANNOT BE FAULTED WITH.
Issues: None
Ratio Decidendi: THE NON-GRANT OF PERMISSION TO THE PETITIONER COLLEGE FOR THE INTAKE OF 150 STUDENTS I.E. THE 2ND BATCH FOR THE ACADEMIC YEAR 2019-20 BY THE RESPONDENT NO.2, CANNOT BE FAULTED WITH.
Final Decision: PETITION AND THE ACCOMPANYING APPLICATION ARE DISMISSED.
JUDGMENT :
Anu Malhotra, J.
The petitioner no.1- Institute seeks the quashing of the impugned order dated 18.05.2019 of the respondent no.2 i.e. the Board of Governors in supersession of the Medical Council of India, whereby the request of the petitioner College for grant of first renewal of permission to admit the second batch of fresh 150 students in the MBBS course for the academic year 2019-20, was disapproved and the petitioner further seeks that the respondents be directed to grant 1st renewal of permission to the petitioner College to admit the second batch of fresh 150 students in the MBBS course for the academic year 2019-20.
2. Vide the impugned order bearing No. MCI-34(41)(R-16)/2019- Med./115172 dated 18.05.2019, it is indicated that with regard to renewal of permission for the MBBS course for the 2nd batch (150 seats) to the Mulayam Singh Yadav Medical College & Hospital at Meerut, U.P. under the Chaudhary Charan Singh University, Meerut u/s l0A of the IMC Act, 1956 for the academic year 2019-20, an assessment was carried out by the Council Assessors on 11th & 12th December, 2018 and the Board of Governors in supersession of the Medical Council of India noted the following deficiencies:-
"1. No faculty/residents have undergone basic course workshop in Medical Education Technology.
2. No CME conducted.
3. No LT in hospital,
4. UG capacity in hostel 148 as against180.
5. Bed occupancy-50.33% on day of assessment
6. No major and minor surgery done on the day of assessment.
7. No delivery on the day of assessment.
8. No CMO available in casualty
9. No static X-ray unit available in casualty.
10. OT shared by ophthalmology- ENT
-No septic OT
-One defibrillator available for all OTs.
11. No patient in clean, septic, eclampsia, labour room.
12. 800/1000 Static X-machine-short.
13. Cell separation facility not available In Blood Bank.
14. Research facility not available in Central Research Lab.
15. No projection screen in Demo Room of Pathology, Pharmacology, Microbiology, Forensic Medicine and Community Medicine.
16. In RHTC, no cold chain equipment available.
17. Deficiency of Faculty-17.02%
18. Deficiency of Residents 25.53%.
19. Other deficiencies as pointed out in the assessment report" and that the MCI vide its letter dated 31.01.2019 sought an explanation/point-wise compliance, with documentary evidence in support of the claim of rectification of the deficiency noted by the Board of Governors from the college authorities within 30 days, thereupon on receipt of the compliance from the College Authorities, the compliance verification assessment of the petitioner College was carried out by the Council Assessors on 06.04.2019 and the Board of Governors considered the compliance verification report dated 06.04.2019 along with the summary/observations of the member of the undergraduate expert group appointed by the BOG and noted some deficiencies, which read to the effect:-
"1. Faculty deficiency 7.4% (>5%)
2. Resident Deficiency 8.5%. (> 5%)
3. No major or minor OT procedure on day of assessment, (same as main assessment)
4. 64 X-rays on day of assessment."
3. The petitioner's Institute was thus granted a hearing on 07.05.2019 in terms of Section 10A(4) of the IMC Act, 1956 in the Council Office to present its case in view of the said deficiencies and thereafter, the Hearing Committee, after considering the submissions/compliance furnished by the college observed as under:-
"The Hearing Committee noted that the clinical material was consistently inadequate over the last two assessments. The Hearing Committee also found the explanation offered by the college authorities unsatisfactory.
In view of the deficiencies of Faculty and Residents and in view of inadequate clinical material, the Hearing Committee recommended not to grant renewal of permission for admission of 2nd batch of 150 MBBS seats for the academic year 2019-20 at Mulayam Singh Yadav M
