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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vijay Bishnoi, J.
Geetanjali Medical College And Hospital & Ors. – Appellants
Versus
Union Of India & Ors. – Respondents
S.B. Civil Writ Petition No. 6068/2022 Connected With S.B. Civil Writ Petition No. 6069/2022, S.B. Civil Writ Petition No. 6349/2022 & S.B. Civil Writ Petition No. 6119/2022
Decided On : 03-06-2022
MARB - Medical Assessment and Rating Board - Act of 1956, Act of 2019 - The court discussed the authority of the MARB to issue directions for stoppage of admissions and cancellation of admissions, and the jurisdiction to allow filling of remaining seats in postgraduate courses. The court referred to Section 26(1)(f) of the Act of 2019 and relevant case laws to determine the authority of the MARB. The court found that the MARB has the jurisdiction to issue direction for stoppage of admissions but lacks authority to issue cancellation of admissions. The court also declined to issue a direction for conducting special counseling to facilitate the petitioner-institutions to admit students on the remaining seats of P.G. courses.
Fact of the Case:
The petitioner-institutions filed writ petitions against the orders issued by the Medical Assessment and Rating Board (MARB) to the National Medical Commission (NMC) for withdrawal of letter of permission and cancellation of admission in undergraduate and postgraduate courses. The petitioner-institutions sought to fill the remaining seats in postgraduate courses during the pendency of the writ petitions.
Finding of the Court:
The court found that the MARB has the authority to issue direction for stoppage of admissions but lacks authority to issue cancellation of admissions. The court declined to issue a direction for conducting special counseling to facilitate the petitioner-institutions to admit students on the remaining seats of P.G. courses.
Issues: Authority of the MARB to issue directions for stoppage of admissions and cancellation of admissions, and the jurisdiction to allow filling of remaining seats in postgraduate courses.
Ratio Decidendi: The court referred to Section 26(1)(f) of the Act of 2019 and relevant case laws to determine the authority of the MARB. The court found that the MARB has the jurisdiction to issue direction for stoppage of admissions but lacks authority to issue cancellation of admissions. The court also declined to issue a direction for conducting special counseling to facilitate the petitioner-institutions to admit students on the remaining seats of P.G. courses.
Final Decision: The stay petitions were disposed of, and the court declined to issue a direction for conducting special counseling to facilitate the petitioner-institutions to admit students on the remaining seats of P.G. courses. The interim order protecting the admissions already granted to the students in the petitioner-institutions for the academic session 2021-22 shall remain in currency until the disposal of the writ petitions.
JUDGMENT
1. These stay petitions, filed along with their respective writ petitions, are being decided by this common order.
2. The petitioner-institutions have filed these writ petitions being aggrieved with the orders/letters dated 14.04.2022 and 18.04.2022 issued by the Medical Assessment and Rating Board (hereinafter to be referred as 'the MARB') to the National Medical Commission (hereinafter to be referred as 'the NMC') for withdrawal of letter of permission and cancellation of admission in undergraduate and postgraduate courses in the petitioner- institutions for the academic session 2021-22 with further recommendation for cancellation of recognition of the petitioner- institutions w.e.f. 14.04.2022 and 18.04.2022 respectively.
3. Facts of all the above writ petitions more or less are identical except the number of seats under the undergraduate (MBBS) and postgraduate courses for which the petitioner- institutions were permitted to grant admissions by the respondent No.2. For the sake of convenience, facts of S.B.Civil Writ Petition No.6068/2022 (hereinafter to be referred as 'Geetanjali Medical College and Hospital') are taken into consideration.
4. Brief facts of the above referred writ petition are that Geetanjali Medical College and Hospital was established in the year 2007 as per the permission granted by the Erstwhile Medical Council of India (hereinafter to be referred as 'the MCI'). The Geetanjali Medical College and Hospital admitted 150 students of MBBS Course in the year 2008. Recognition was granted by the MCI under Section 11 of the Indian Medical Council Act, 1956 (hereinafter to be referred as 'the Act of 1956') for the above referred seats in due course of time and same is in currency up to year 2023. In the meanwhile, the Geetanjali Medical College and Hospital also applied for grant of permission to conduct P.G. Course (super speciality and broad speciality) and the same was also recognized by the MCI and as such 150 seats under the undergraduate course (MBBS) and 105 seats for postgraduate course were recognized by the MCI.
5. In the year 2018, the Geetanjali Medical College and Hospital applied for increase in intake of MBBS seats from 150 to 250 seats. The letter of permission for increasing 100 was granted to the Geetanjali Medical College and Hospital in 2019 and as such, the Geetanjali Medical College and Hospital admitted 250 students in MBBS Course in the academic session 2019-20. The Geetanjali Medical College and Hospital thereafter applied for increasing in intake of seats for PG Course for the academic session 2021-22, however, the respondent No.2 allowed to increase in the intake for few seats and not for all the seats as applied.
6. The Geetanjali Medical College and Hospital filed two writ petitions being S.B.Civil Writ Petition Nos. 855/2022 and 817/2022 and this Court while issuing notices to the respondent- NMC directed to allot 15 students of PG/MD Radio Diagnosis Course and 24 students of PG/MD General Medicine Course for the academic year 2021-22 to the Geetanjali Medical College and Hospital provisionally. In view of above facts, the Geetanjali Medical College and Hospital was having the eligiblity to admit 250 students in undergraduate course (MBBS) and 120 students in PG Courses.
7. On 24th and 25th February 2022, surprise inspection was carried out in the Geetanjali Medical College and Hospital by the assessors of the MARB. The assessment report was prepared on 25.02.2022. The MARB issued show cause notice to the Geetanjali Medical College and Hospital on 21.03.2022 and reply/explanation was filed by it on 05.04.2022.
8. After taking into consideration the reply of the Geetanjali Medical College and Hospital, the MARB vide order/letter dated 18.04.2022 withdrew the Letter of Permission/Renewal of Permission for increase in intake from 150 to 250 (additional 100) MBBS seats and stopped all admissions in the said course for the academic session 2021-2022. The respondent-MARB also withdrew
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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.
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The court established that the National Medical Commission Act grants the MARB the authority to regulate medical education standards, including the power to reduce student intake based on inspection ....
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