The Delhi High Court Friday refused to entertain a plea by Mulayam Singh Yadav Medical College and Hospital seeking permission to take in a fresh batch of 150 students for the academic year 2019-20 in the MBBS course. A bench of Chief Justice DN Patel and Justice C Hari Shankar upheld a single judge's order which had agreed with the decision of the Medical Council of India (MCI) denying permission to the college to admit students.
The division bench was hearing the appeal of the college authorities challenging the single judge's order. The bench said the relevant aspects have been appreciated by the single judge in its order and the appeal was not required to be entertained by the court. "No permission can be granted to the college to admit students in the second batch of MBBS course. We see no reason to entertain this petition. No relief as prayed for can be granted. The LPA (Letter Patent Appeal) is disposed of," the bench said.
The counsel for the college claimed that there is no deficiency left in view of the last communication of the MCI. However, advocate T Singhdev, representing the MCI, said there are several deficiencies left out by the college and it cannot be allowed to admit students in the fresh batch. The single judge had in August this year dismissed the petition by the college, saying the refusal of permission by the MCI cannot be faulted with.
The court had said it was apparent that the deficiencies that have been pointed out in the college faculty and residents, which were 7.4 per cent and 8.5 per cent respectively, were more than maximum permissible limit of five per cent. The Hearing Committee had observed that the clinical material was consistently inadequate for the last two assessments.
"Taking the same into account and the verdict of the Supreme Court in relation to the maintainability of standards of medical education, it is apparent that the deficiencies as pointed out by the minutes dated May 7 of the Hearing Committee have been taken into account by the respondent no.2 (MCI).
"...the order of the respondent no.2 dated May 18 not granting the permission to the petitioner college for an intake of 150 MBBS students, that is, the second batch for the academic year 2019-20 cannot be faulted with," it had said.
The college, set by KSD Charitable trust in Meerut (Uttar Pradesh), had sought quashing of the May 18 order of the MCI by which the request of the college for grant of renewal of permission to admit the second batch of 150 students in the MBBS course for the academic year 2019-20 was disapproved. The college had also sought that the authorities be directed to grant first renewal of permission to it for admitting students.
During an inspection, an MCI team had pointed out various deficiencies including that no faculty or residents have undergone basic course workshop in Medical Education Technology, UG capacity in hostel was 148 as against 180, bed occupancy was 50.33 per cent on day of assessment, no major and minor surgery done on the day of assessment, no CMO available in casualty and cell separation facility was not available in blood bank.
After the first assessment, the authorities sought point wise compliance from the college and compliance verification assessment of the institution was again carried out in which certain deficiencies were found.
The MCI decided not to renew the permission for admission to the college and asked it not to admit any student for the academic year 2019-20, though it was free to apply afresh for the next academic year strictly as per the provisions of the Indian Medical Council Act. The council had said it was clear that the medical college had failed to fulfil the minimum infrastructure, teaching faculty, resident, clinical material and other physical facilities.
They had said the deficiencies pointed out in the inspection reports of December 11-12, 2018 and April 6, 2019 were so grave in nature that the same could not be brushed aside in the larger public interest and also in the interest of residents and students community and that the MCI could not compelled for the granting renewal permission for admissions.
The college had claimed that the MCI's order was perverse and contrary to the IMC Act and was not a reasoned order. It had claimed that it was in full compliance of the provisions and that certain non-existing deficiencies have been artificially generated/ created by the assessment team with an ulterior motive and sole purpose of denying the grant of renewal permission to the college.