The court held that expert regulatory bodies' assessments of medical institutions' deficiencies are not to be overridden by the judiciary unless significant jurisdictional errors are proven.

JUDGMENT

Vikas Mahajan, J. (ORAL) CM APPL.53860/2022

1. Allowed, subject to all just exceptions.

W.P.(C) 16995/20022

2. Issue notice. Mr T. Singhdev, learned counsel appearing for the respondent nos. 1 and 3, Mr Aravindh S., learned counsel appearing for respondent no. 2 and Mr Vivekanand Mishra, learned counsel appearing for the respondent no.4, accept notice.

3. The petitioner-college's challenge in the present writ petition is to the following three orders:

(i) Order dated 28.09.2022 passed by the Medical Assessment and Rating Board (MARB) of the National Medical Commission, whereby the petitioner's application for increase of 100 MBBS seats from 150 to 250 for the academic year 2022-2023, has been disapproved;

(ii) Order dated 28.11.2022 passed by the National Medical Commission in the appeal, whereby the Appeal Committee unanimously decided not to increase the number of seats of the petitioner-college for the academic year 2022-2023; and

(iii) Order dated 07.12.2022, whereby the second appeal for increase of MBBS seats from 150 to 250 seats preferred by the petitioner before the Central Government was dismissed.

4. The petitioner-medical college had submitted an application dated 23.09.2021 for increase intake of 150 to 250 MBBS seats for the academic year 2022-23. An inspection for assessing faculty, residents, clinical material, infrastructure and other physical facilities was carried out on 15.06.2022. Based on assessor's report, the MARB found the following deficiencies in the petitioner-medical college:

(i) Deficiency of faculty - 40% (78 were available against requirement of 195)

(ii) Deficiency of residents - 26. 78 % ( 45 were available against requirement of 168)

(iii) Outpatients are only 185 against the requirement of 2000 patients.

(iv) 243 beds are occupied out of 754 beds hence, bed occupancy is of only 32.20% (against the requirement of 75%).

(v) The impatients and diagnostic tests are inadequate.

(vi) ICU patients are very less.

(vii) The beds in the hospital-754 beds are available against the requirements of 1120 are inadequate.

(viii) There are no deliveries reported on the day of assessment."

5. The MARB vide letter dated 29.07.2022 had communicated the aforesaid deficiencies to the petitioner and had sought its response/compliance in respect of the same within seven days. The petitioner submitted its response/compliance. The MARB after granting a hearing to the petitioner concluded as under:

"(i) OPD 185 at 2:00 PM

(ii) Bed Occupancy 243/1120

(iii) Summary note faculty deficiency 40% (available 78/195).

(iv) Compliance report too verified - jurisdictions not satisfactory.

(v) Huge discrepancies -1200 + patients in OPD against assessor Verification of 185 is too large to accept."

6. In view of the above deficiencies, the MARB disapproved the application of the petitioner for increase of 100 seats from 150 to 250 for the academic year 2022-2023, which was conveyed vide letter dated 28.09.2022(Annexure P/1).

7. The petitioner preferred an appeal under Section 28(5) of the NMC Act, 2019 against the aforesaid letter of disapproval dated 28.09.2022. NMC gave a virtual hearing on 15.11.2022. The Appeal Committee of the NMC, having regard to the data of Aadhar Enabled Biometric Attendance System (AEBAS) which was at variance with the figures conveyed by the Dean of the petitioner-college during interaction with the Appeal Committee, unanimously decided not to increase the number of MBBS seats at petitioner college for the academic year 2022-2023. The relevant paras of the First Appeal Order dated 28.11.2022 reads