The MARB has statutory authority under Section 26(1)(f) of the National Medical Commission Act, 2019, to transfer students between medical institutions due to deficiencies in compliance.

ORDER:

Alok Aradhe, CJ. 

Mr. Amit Kumar, learned Senior Counsel representing Mr. D. Srinivas Prasad, learned counsel for the petitioner in W.P.No.42853 of 2022.

Dr. Venkat Reddy Donthi Reddy, learned Senior Counsel for the petitioner in W.P.No.42920 of 2022.

Ms. K. Mamata, learned counsel representing Mr. M. Sridhar, learned counsel for the petitioners in W.P.Nos.43058 of 2022; 13940, 13976 and 14011 of 2023.

Mr. B.Narasimha Sharma, learned Additional Solicitor General of India for Union of India.

Ms. Gorantla Sri Ranga Pujitha, learned Standing Counsel for National Medical Commission and Medical Assessment and Rating Board.

Mr. R. Nagarjuna Reddy, learned Assistant Government Pleader for Health, Medical and Family Welfare Department.

2. W.P.Nos.42853 of 2022 and 42920 of 2022 have been filed by the TRR Institute of Medical Sciences and the Mahavir Institute of Medical Sciences (hereinafter referred to as ‘institutions’). W.P.Nos.43058 of 2022 and W.P.No.13940 of 2023 have been filed by three and thirty students respectively, who were admitted to the TRR Institute of Medical Sciences and the Mahavir Institute of Medical Sciences respectively. W.P.No.13976 of 2023 has been filed by thirty students, who were admitted to TRR Institute of Medical Sciences. W.P.No.14011 of 2023 has been filed by six students, who were admitted to Post Graduate course in Mahavir Institute of Medical Sciences.

3. The challenge in these writ petitions, validity of orders dated 13.04.2022 and 17.05.2022 passed by the Medical Assessment and Rating Board, by which permission granted to the institutions has been withdrawn. The petitioners have also assailed the validity of the orders dated 15.06.2022 and 22.08.2022 passed in appeals by National Medical Commission of India as well as validity of order dated 07.11.2022 in an appeal preferred under the NMC Act passed by the Central Government. The institutions have also questioned the validity of the action of the official respondents in shifting the students to other medical colleges in the State of Telangana and have sought for a direction that the students be shifted back to the institutions.

4. A common issue arises for consideration in all these writ petitions, namely the validity of the action taken by the Medical Assessment and Rating Board (hereinafter referred to 'MARB') in withdrawing the letter of permission to the institutions. Therefore, all the writ petitions were heard analogously and are being decided by this common order.For the facility of reference, facts from W.P.No.42853 of 2022 are being referred to.

5. The TRR Institute of Medical Sciences was granted permission on 15.10.2020 by the MARB to establish a medical college in Sanga Reddy District, State of Telangana, with an annual intake capacity of 150 seats in MBBS course. On 30.09.2021, MARB granted permission to the petitioner institution to admit the second batch of 150 students for the academic year 2021-2022. Thereafter, on 26.11.2021, MARB conducted a two-day surprise inspection in the petitioner institution and found the deficiencies in respect of faculty residents/tutors, quality of clinical material, number of beds in emergency medicine and ICU. It was also found that blood bank licence of the petitioner institution had expired and number of investigations and operative procedures, including deliveries, are much less for the out patients and in patients and there was a deficiency of library books and journals. An assessment report was prepared and a show cause notice dated 31.01.2022 was issued to the petitioner institution by which the institution was required to submit the compliance report on deficiencies as per the National Medical Commission’s guideline