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2019 Supreme(Del) 2227
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANU MALHOTRA, J.
Sindhudurg Shikshan Prasarak Mandal - Appellant
Versus
Board of Governors in Supersession of Medical Council of India and Anr. - Respondents
Writ Petition (Civil) No. 6926 of 2019; Civil Miscellaneous Application No. 28799 of 2019
Decided On : 26-08-2019
J.P. Sengh, Adv., Om Prakash, Adv., Manisha Mehta, Adv., Shashi Pratap Singh, Adv., R.L. Sinha, Adv., Pallavi Nagar, Adv., Vikas Singh, Adv., T. Singhdev, Adv., Puja Sarkar, Adv., Biakthan Sanghi, Adv., Tarun, Adv., Arunima Pal, Adv., Abhijeet, Adv., Vivek Gotal, Adv.
The deficiencies observed during an inspection conducted within two days after a public holiday can justify the disapproval of a scheme for establishing a new medical college.
Headnote:
MCI Inspection - Establishment of Medical College - IMC Act, 1956, Section 10A - Regulations 1999 - 1. No students shall be admitted by the college, unless final permission is obtained from the Government of India, G.R. from State Govt. and First Time Affiliation from MUHS u/s 65 (6) of MUHS Act 1998. 2. Colleges which are found to have employed teachers with faked/forged documents: If it is observed that any institute is found to have employed a teacher with faked/forged documents and have submitted the Declaration Form of such a teacher, such an institute will not be considered for renewal of permission/ recognition for award of M.B.B.S. degree/ processing the applications for postgraduate courses for two Academic Years-i.e. that Academic Year and the next Academic Year also. However, the office of the Council shall ensure that such inspections are not carried out at least 3 days before upto 3 days after important religious and festival holidays declared by the Central/ State Govt. 3. The recognition so granted to an Undergraduate Course for award of MBBS degree shall be for a maximum period of 5 years, upon which it shall have to be renewed. 4. Failure to seek timely renewal of recognition as required in sub-clause (a) supra shall invariable result in stoppage of admissions to the concerned Undergraduate Course of MBBS at the said institute.
Fact of the Case:
The petitioner seeks quashing of an order disapproving the establishment of a new medical college for the academic session 2019-20. The respondent disapproved the scheme due to deficiencies in faculty and residents, and the inspection being conducted within two days after a public holiday.
Finding of the Court:
The court found that the deficiencies in faculty and residents observed during the inspection conducted within two days after a public holiday cannot be overlooked, and the respondent's decision to disapprove the scheme was justified.
Issues: The main issue was whether the deficiencies observed during the inspection conducted within two days after a public holiday justified the disapproval of the scheme for establishing a new medical college.
Ratio Decidendi: The deficiencies observed during the inspection conducted within two days after a public holiday were considered significant and justified the disapproval of the scheme for establishing a new medical college.
Final Decision: The petition and the accompanying application were declined, upholding the respondent's decision to disapprove the scheme for establishing a new medical college.
JUDGMENT :
Anu Malhotra, J.
The petitioner seeks the quashing of order contained in letter no.MCI-34(41)(F-30)/2019-Med/20090 dated 30.05.2019 by which the respondent disapproved the scheme of the petitioner for establishment of a new college of 150 MBBS students for the academic session 2019-20 and seeks the directions to the respondent to issue a letter of permission for the petitioner's college with 150 MBBS students annual intake for academic session 2019-20.
2. The petitioner Sindhudurg Shikshan Prasarak Mandal, District Sindhudurg, Maharashtra is a registered charitable institute vide registration no.Maharashtra/800/Sindhudurg dated 05.11.1993 and is stated to have started the 300 bedded hospital and medical college claimed to have infrastructure to teach and train 150 MBBS students annually and submits that it is continuously providing health care facilities to the needy and to those who cannot afford the same and an Essentiality Certificate for establishing the medical college with the annual capacity of 150 MBBS seats is indicated to have been issued by the Government of Maharashtra on 23.05.2018.
3. The Consent of Affiliation was issued to the petitioner by the Maharashtra University of Health Science at Nashik on 30.06.2018 for the proposed college with the intake capacity of 150 seats to be established for Post Harkul Budruk, Tal. Kankavli, District Sindhudurg, Maharashtra subject to grant of permission by the Government of India, Ministry of Health and Family Welfare, New Delhi under Section 10A by the Indian Medical Council Act, 1956 (IMC Act, 1956). The note on the said Consent of Affiliation categorically reads to the effect:
"No students shall be admitted by the college, unless final permission is obtained from the Government of India, G.R. from State Govt. and First Time Affiliation from MUHS u/s 65 (6) of MUHS Act 1998."
4. The petitioner on 04.07.2019 submitted its application with all requisite enclosures to the Ministry of Health and Family Welfare with the requisite costs of assessment to the Secretary, Ministry of Health and Family Welfare, Government of India for the grant of the letter of permission under Section 10A of the IMC Act, 1956 for establishment of the medical college for the academic year 2019-20.
5. The assessment report of the assessment conducted by the Council Assessor on 04-05.12.2018 along with summary/observations of the member of the Undergraduate Expert Group was considered by the Board of Governors noting to the effect:
"No gross deficiency noted in the report.
However, there was mismatch of statement provided in Form A1 of assessment report and the findings reported in the Assessment Form II on the day of Assessment for the following:-
1. DailyOFD-709
2. OT- 4+2 cases [Form A shows 6 +12 surgeries on average.)
3. No deliveries (Form A shows1-3 deliveries on average)
4. No Histopath-(FormAshows5 Histopath on average)
5. Only 03 Cytopath samples.
6. In Ophthalmology OFD, Refraction room has been shown but no apparatus available, No apparatus in dark room.
7. In Pediatric, Child Welfare Clinic, Immunization Clinic, Child Rehabilitation Clinic have been shown but are reported to be non-functional."
6. As a consequence thereof, the Medical Council of India vide its letter dated 18.01.2019 sought an explanation/ pointwise compliance with documentary evidence in support of the claim of rectification of the deficiencies noted by the Board of Governors from the college authorities within 30 days and on receipt of compliance from the college authority, the compliance verification assessment of the petitioner was carried out by the Council Assessor on 16.04.2019.
7. As per the impugned order, the college authorities did not allow the assessor to verify the teaching facilities and residents stating that there was no gross deficiency of faculty and residents doctors in the last inspection held on 04-05.1
