REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL    APPEAL NO(S). 10372    OF 2018 (Arising out of Special Leave Petition (C) No.24120 of 2018)

MEDICAL COUNCIL OF INDIA     ..APPELLANT(S)

VERSUS

THE CHAIRMAN, S.R. EDUCATIONAL AND  CHARITABLE TRUST & ANR.     ..RESPONDENT(S)

WITH

CIVIL    APPEAL NO(S).  10373    OF 2018 (Arising out of Special Leave Petition (C) No.24130 of 2018)

MEDICAL COUNCIL OF INDIA     ..APPELLANT(S)

VERSUS

THE CHAIRMAN, AL­AZHAR MEDICAL COLLEGE AND SUPER SPECIALITY HOSPITAL & ORS.     ..RESPONDENT(S)

CIVIL    APPEAL NO(S).  10374     OF 2018 (Arising out of Special Leave Petition (C) No. 27763/2018

 D.32809 of 2018)

MEDICAL COUNCIL OF INDIA     ..APPELLANT(S)

VERSUS

D.M. EDUCATION AND RESEARCH FOUNDATION & ORS.     ..RESPONDENT(S)

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AND CIVIL    APPEAL NO(S). 10375       OF 2018

(Arising out of Special Leave Petition (C) No.27764/2018  D.32811 of 2018)

MEDICAL COUNCIL OF INDIA     ..APPELLANT(S)

VERSUS

DR. P. KRISHNA KUMAR & ORS.     ..RESPONDENT(S)

J U D G E M E N T

ARUN MISHRA, J.

1. The Medical Council of India (for short, “the MCI”) is aggrieved by

the judgment and order dated 30.8.2018 passed by the High Court of

Kerala at Ernakulam.  The High Court has quashed the order passed by

the Government of India declining to grant renewal permission/

recognition to respondents –  medical colleges.   The  High  Court has

directed the Commissioner for Entrance Examinations, Government of

Kerala to allot students to the colleges for the academic year 2018­2019

immediately.  The MCI has also been directed to carry out the inspection

to verify whether the colleges had rectified the deficiencies found at the

time of earlier inspection. In case they have not done so, the MCI shall be

at liberty to take appropriate action against them including the

enforcement of  the Bank Guarantees.  At the same time, it  has been

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ordered that in case fresh deficiencies are detected, the colleges shall be

given the opportunity to rectify such  deficiencies  within  a stipulated

time.   

2. The High Court has decided the petitions of the four colleges by the

common order.  Probably, High Court had felt that the question on which

it decided the matters was common, however, the facts of each and every

college are different, the deficiencies found obviously varies and the order

of the High Court is subject to further judicial review. It would have been

appropriate for the High Court to decide the matter by separate orders

duly reflecting the facts of each case and the deficiencies found.

Clubbing of matters in the method and manner it had been done may

indicate non­serious approach.   In three of the matters,  question was

that of admissions in the academic session 2018­2019 and in one of the

matters, the  question  pertains to the  grant  of recognition  as  well as

admissions.

3. The High Court has observed that there are many serious

deficiencies and the lack of patients would result in a lack of exposure of

the  students in  so far  as treatment  of  patients  was  concerned.  The

deficiencies, such as lack of teaching faculty, residents, lack of a

sufficient number of surgical procedures, though, are of nature which

would have a serious impact on the quality of education, the explanation

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offered  by the  colleges  on the  deficiencies  has  not  been found to  be

genuine to impress the court.   Notwithstanding the aforesaid

observations, the High Court  has proceeded  to grant the relief to the

medical colleges.  

4. The colleges had contended that they had rectified the deficiencies

and the Hearing Committee  had recommended the MCI to  review the

case.  Accordingly, the  Central  Government  had required the  MCI to

review its earlier stand. However, the Executive Committee of MCI

refused to reconsider its earlier stand in view of the provisions contained

in the  Regulations 8(3)(1)(a) of the  Establishment of  Medical  College

Regulations, 1999 (for short,  “the Regulations”).  The MCI declined to

review the order on the ground that the time for the MCI to send its

recommendations  to  Central  Government had already expired on 30th

April 2018 and the schedule was required to be strictly adhered to.

5. The High Court had observed that opportunity of  hearing would

mean to make a representation.   Timely assessment is  integral to the

scheme and such an opportunity is to be given not only when permission

for the establishment of a new college is under consideration but even in

cases of subsequent renewal of such permission.   The High Court had

referred to the decisions in Swamy Devi Dayal Hospital & Dental College

v.  Union of India  &  Ors.  AIR  2014 SC 284 and  Priyadarshini  Dental

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College and Hospital v. Union of India & Ors., 2011 AIR SCW 2383= 2011

(4) SCC 623. At the time of renewal what is required to be considered is

whether the prescribed faculty and infrastructure is available.   There is

some difference between the renewal and the parameters prescribed for

the establishment.  The High Court has relied upon the decision in D.M.

Education and Research Foundation v. Union of India [2016 KHC 171] in

which a Division Bench of the High Court of Kerala held that the

principle of natural justice has to be strictly adhered to. The stand taken

by the MCI had been rejected and it was observed that compliance once

reported was required to  be considered,  thus, the MCI ought to have

reconsidered the matter.   In the cases, the recommendation to review

had not been considered, lack of time could not be accepted as an excuse

to deny the petitioner the right claimed to which they were entitled.  

6. It was urged by learned senior counsel for the MCI that the High

Court has failed to consider the provisions contained in the Regulation

8(3)(1)(a) of the Regulations that was attracted in the matter of grant of

renewal/ recognition. If upon assessment the deficiencies had been

found to be gross as provided in the aforesaid regulation, the college was

not entitled to seek liberty of compliance and further verification in the

same academic year.   The decision of this court in  Medical Council of

India v. Vedantaa Institute of Academic Excellence Pvt. Ltd. & Ors. 2018

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(7) SCC 225 though referred to in the judgment, has not been discussed

but, the  decision  of the  Division  Bench of the  High  Court  has  been

preferred which was contrary to it.  Similarly, the decision of this Court

in  Medical Council of India v. The Principal, KMCT Medical College, and

Anr.  (Civil  Appeal  No.8429 of  2018) had not  been adverted to. In the

matter of  D.M. Education and Research Foundation  (supra) the

compliance was reported by the college belatedly on 22.5.2018.   Thus,

considering the time schedule, it was not possible to make the inspection

again  for verification of the compliance.  Therefore, it  was not legally

permissible to grant any relief for the academic session 2018­2019 to the

said college.  However, it  was the case of recognition where the main

provision of regulation 8 (3)(1) was applicable. For recognition, its case

would  be considered and  admissions can  be  made only in the  next

academic session i.e. 2019­2020 if permitted.

7. Shri Neeraj Kishan Kaul, learned senior counsel appearing on

behalf of the two of the colleges contended that when the Government of

India/Hearing Committee had directed the MCI to review the

recommendation and consider the compliance reported, the order was

binding upon the MCI.   It  was necessary for the MCI to consider the

compliance that  was reported and to conduct a fresh inspection for

assessment, in case, it was so required and thereafter to take decision

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afresh.   Declining to review the earlier recommendation clearly indicate

that there was non­application of mind and subsequently Government of

India erred in accepting the stand of the MCI declining to review and

consider  the compliance.  Thus, the High Court  was  fully justified to

permit the colleges to admit the students subject to removal of the

deficiencies and liberty has been given to the MCI to inspect the colleges

and in case of deficiencies still subsist, to take appropriate action.   

8. Mr. C.S. Vaidyanathan, learned senior counsel appearing on behalf

of the respondent college ­ P.K. Dass Institute of  Medical Sciences

vehemently contended that the report of the Assessors was absolutely

incorrect.  The website portal of the college clearly indicated the number

of indoor patients occupying the beds in the hospital.  The patients were

more than 500.  The  Assessors  had wrongly reported the  number  of

indoor patients in their report.   A large number of patients were in the

operation theatre, bathrooms, and other places. They have been illegally

excluded.   He further contended that somebody is required to consider

all  these factual aspects. The High Court has also not considered the

explanation offered.  At some level, somebody is required to consider the

compliance.   Assessors cannot be said to be the final arbiter  in such

matters when the report is ex­facie incorrect as apparent from the

explanation offered by the college.   Thus, this court should look in the

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same and  grant the relief to the  college  discarding the report  of the

Assessor.

9. Shri Hufeza H. Ahmedi, learned senior counsel appearing on behalf

of D.M. Education and Research Foundation contended that the case of

the respondent falls for recognition and proviso (a) to Regulation 8(3)(1)

of  Regulations  was  not  attracted.  The  opportunity  of compliance  was

required to be given and by not giving opportunity the regulation has

been violated.   Thus, the decision rendered by the MCI/Government of

India cannot be said to be appropriate.   The MCI, thus, deserves to be

directed to take a decision afresh in the matter of college in question.  No

case for interference is made out in the matter of D.M. Education and

Research Foundation as the matter was with respect to the recognition­

cum­admission.

10. When we consider the report of the Assessors, in the case of S.R.

Educational and Charitable Trust,  the physical  inspection was carried

out on 6th  and 7th  November 2017.   The question  involved was of  3rd

Batch of 100 students for the academic year 2018­2019. A large number

of  deficiencies  were found  as observed in the order  dated  31.5.2018

passed by the Government of India:

1. Deficiency of faculty is 12.64% as detailed in the report. 2. Shortage of Residents is 15.21 % as detailed in the report.

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3. OPD attendance at  2 p.m. on the day of assessment is  575 against the requirement of 600.

4. Bed Occupancy at 10 a.m. on the day of assessment is 37%. 5. There was NIL Major Operation on the day of assessment. 6. There was NIL Normal Delivery on the day of assessment. 7. The  workload  of  Histopathology  was  NIL  on  the  day  of

assessment. 8. OPD: Separate Registration counters for male/ female are not

available. Registration counters for OPD/ IPD patients are not separate.

9. Audiometry room is not air-conditioned.  Speech Therapy is not available.

10. Casualty: Separate Casualty for O.G. is not available. 11. O.T.s: They are under renovation. 12. ICUs: There was NIL patient in SICU and only 1 patient in

ICCU and 2 patients each in MICU, PICU/ NICU. 13. Radiodiagnosis department: Only 1 Mobile X-ray machine is

available against the requirement of 2.  Only 1 Static X-ray machine is available against the requirement of 2.

14. C.T. Scan is not available. 15. CSSD: Receiving and Distribution points are not separate. 16. Central Research Laboratory is not functional. 17. Lecture Theaters: 2 Lecture Theatres are available against the

requirement of 3. 18. Central  Library:  Students  Reading  room  (Outside)  is  not

furnished.  2,968 books are available against the requirement of 3,000.

19. Central Photography section is not available. 20. Students’ Hostels: They are shared with BDS students. 21. Residents’ Hostel: It is not available. 22. Residential  Quarters:  NIL  quarters  are  available  for  Non-

teaching staff. 23. Pathology  department:  Audiovisual  aids  are  not  available.

Specimens  are  not  available  in  the  Museum.  4  Service Laboratories are not available.

24. Microbiology department: Audiovisual aids are not available. The museum is not available. 7 Service Laboratories were not available.  Media  Preparation  facility,  Autoclaving  are  not available.

25. Pharmacology department: Audiovisual aids are not available. The  museum  is  not  available.  Clinical  Pharmacology laboratory is not available.

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26. Forensic  Medicine  department:  Audiovisual  aids  are  not available.  Museum  is  not  available.  Cold  storage  is  not available. Autopsy block is under construction.

27. Community  Medicine  department:  Audiovisual  aids  are  not available. Museum is not available. Practical Laboratory is not available. It is not furnished.

28. RHTC: Cold chain equipment is not available. Survey/ MCH/ Immunization/ FW Register are not available.

29. CME: There was no CME activity during the year. 30. Other deficiencies are as pointed out in the assessment report.

11. In the  matter of Al­Azhar  Medical College and Super Specialty

Hospital the  Government of India in its order dated 31.5.2018 has

mentioned the  deficiencies found  by the  Assessors in the inspection

made, in the matter of renewal of permission for 5th Batch of 150 seats in

MBBS course for the academic year 2018­2019.   The deficiencies

mentioned are extracted herein:

1. Deficiency of faculty is 37.12% as detailed in the report.  2. Shortage of Residents is 100 % as detailed in the report. 3. Residents and Assistant Professors are drawing more salary than

Professors and HOD. All Senior and Junior Residents have been appointed with orders mentioning duty hours from 8 am to 4.30 pm. Hence, they have not been counted as SR/JR.

4. OPD attendance up to 2 p.m. on the day of assessment is 592 against the requirement of 1200.

5. Bed Occupancy at 10 a.m. on the day of assessment was 46.15%. 6. Patients:  

(a)  In  Pediatric  wards  case  sheets  of  35  patients  shows  IV Antibiotics  going  on  but  on  cross  verifying  with  patients, relatives it was found that no injections were given. Also, none of such patients had IV Cannulas inserted hence they were not counted. (b) In Pulmonary Medicine Department, female ward 9 patients had a  diagnosis  of  COPD, Bronchiectasis,  Pneumonia  etc.  on taking  history  and  examining  the  patient,  no  corroborative clinical findings were found. Also, none of the patients had Chest X-rays done. Hence, they were not counted.  

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(c) In Orthopedics ward,  15 patients  with complaints of Neck Pain, Leg pain under evaluation were not counted as they were asymptomatic also did not have x-rays.  (d) In Ophthalmology female ward, 3 patients were kept with. diagnosis of corneal opacity. On examination, no such findings were seen. Hence not counted.

7. There were only 3 Major Operations on the day of assessment.  8. There was only 1 Normal delivery & NIL Caesarean Section on

the day of assessment.  9. Histopathology workload was only 4 & Cytopathology workload

was 2.  10. OPD: Plaster Cutting room is not available. 11. Casualty: Separate Casualty or O.G. is not available. 12. ICUs: There was only 1 patient in NICU & 2 patients each in

PICU, SICU on the day of assessment.  13. There was NIL issue of Blood on the day of assessment.  14. Residential Quarters: 24 quarters are available for faculty against

requirement of 26. 15. Anatomy Department: Band Saw is not available. 16. Physiology department: Mammalian Laboratory is not available. 17. RHTC: Cold Chain equipment are not available. Immunization is

not available. 18. Dean has refused to sign the assessment report.

The provision contained in Regulation 8(3)(1)(a) of the Regulation

had been invoked by the MCI and the decision had been taken not to

grant permission for admission in the academic session 2018­2019.   

12. In the case of P.K. Dass Institute of Medical Sciences, Palakkad,

Kerala the matter pertains to the renewal of permission for admission of

5th Batch of 150 seats in MBBS course for the academic year 2018­2019.

On the  basis  of the  report  of the Assessors  dated 31st  October  & 1st

November  2017 the  matter  was considered  and following  deficiencies

were noted:

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1. Deficiency of faculty is 9.2% as detailed in the report. 2. OPD attendance up to 2 p.m. is 1,060 against the requirement of

1,200. 3. Bed Occupancy is 40.60 % at 10 a.m. on the day of assessment. 4. There were only 09 Major Operations on the day of assessment. 5. Central Kitchen: No register is available in the kitchen. 6. Other deficiencies as pointed out in the assessment report.

13. Regulation 8(3)(1)(b) of the Establishment of Medical College

Regulation (Amendment), 2010, had been applied by the MCI as the bed

occupancy  was less than  65%.  As  per the  MCI, the compliance of

rectification of the deficiencies could not have been considered for

renewal of the permission in the same academic year.

14. Regulation 8(3) is extracted hereinunder:

“8. GRANT OF PERMISSION:

(1) The Central Government, on the recommendation of the Council for Letter of Permission, may issue a letter to set up a new medical college with such conditions or modifications in the original proposal as may be considered necessary.  This letter can also include a clear-cut statement of  preliminary  requirements  to  be  met  in  respect  of  buildings, infrastructural facilities, medical and allied equipment’s, faculty and staff before admitting the first batch of students.  The formal permission may be granted after the above conditions and modifications are accepted and the performance bank guarantee for the required sums are furnished by the person and after consulting the Medical Council of India.

(2) The formal permission may include a time-bound program for the establishment  of  the  medical  college  and  expansion  of  the  hospital facilities.  The permission may also define annual targets as may be fixed by the Council to be achieved by the person to commensurate with the intake of students during the following years.

The following shall be added:

8(3)(1). The  permission  to  establish  a  medical  college  and  admit students may be granted initially for a period of one year and may be

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renewed on yearly basis subject to verification of the achievements of annual targets.  It shall be the responsibility of the person to apply to the Medical Council of India for purpose of renewal six months prior to the expiry of the initial permission.  This process of renewal of permission will  continue such time the  establishment  of  the  medical  college and expansion  of  the  hospital  facilities  are  completed  and  a  formal recognition of the medical college is granted.  Further admissions shall not  be  made at  any stage unless  the  requirements  of  the  Council  are fulfilled.   The  Central  Government  may  at  any  stage  convey  the deficiencies to the applicant and provide him an opportunity and time to rectify the deficiencies.

8(3)(1)(a) Colleges in the stage of Letter of Permission up to II renewal (i.e.) Admission of the third Batch

If it is observed during any inspection/ assessment of the institute that the deficiency of teaching faculty and/ or Residents is more than 30 % and/ or bed occupancy is <50% (45% in North East, Hilly Terrain, etc.)  compliance of rectification of deficiencies from such an institute will not be considered for issue of Letter of Permission (LOP)/ renewal of permission in that Academic Year.)

(b) Colleges in the stage of III & IV renewal (i.e. Admission of fourth & fifth batch).

If  it  is  observed  during  any  inspection  of  the  Institute  that  the deficiency of teaching faculty and/ or Residents is more than 20% and/ or bed occupancy is <65%, compliance of rectification of deficiencies from such an institute will not be considered for renewal of permission in that Academic Year.

(c)        Colleges  which  are  already  recognized  for  award  of  M.B.B.S. degree and/ or running Postgraduate courses.

If it is observed during any inspection/ assessment of the institute that the deficiency of teaching faculty and/ or Residents is more than 10% and/ or  bed occupancy is  < 70%, compliance of  rectification of deficiency from such an  institute  will  not  be  considered  for  issue  of renewal of permission in that Academic Year and further such an institute will  not  be  considered  for  processing  applications  for  Postgraduate courses in that Academic Year and will be issued show-cause notices as to why the recommendations for withdrawal of recognition of the courses run  by  that  institute  should  not  be  made  for  undergraduate  and postgraduate courses which are recognized u/s  11(2)  of the IMC Act, 1956  along  with  direction  of  stoppage  of  admissions  in  permitted postgraduate courses.

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8(3)(1)(d):  However,  the  office  of  the  Council  shall  ensure  that  such inspection are not carried out  at  least  2 days before  and 2 days after important religious and festival holidays declared by the Central/ State Government.”

(2) 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.

(3)  The  procedure  for  ‘Renewal’  of  recognition  shall  be  same  as applicable for the award of recognition.

(4) Failure to seek timely renewal of recognition as required in subclause (a)  supra  shall  invariably  result  in  stoppage  of  admissions  to  the concerned Undergraduate Course of MBBS at the said institute."

It is apparent from the aforesaid regulation that in the case of the

third batch, deficiencies of teaching faculty and/or residents are found to

be more than 30% and bed occupancy less than 50%, a college cannot be

given an opportunity for compliance in the same year.  

15. In the case of the 4th and 5th batch as provided in regulations 8(3)(1)

(b), if the deficiencies of teaching faculty and the residents is more than

20% and bed occupancy is less than 65%, such college cannot be given

opportunity of reporting compliance during the same academic year.   

16. Considering the aforesaid deficiencies in case of S.R. Educational

Trust,  Regulation 8(3)(1)(a)  was attracted. In Al­Azhar Medical  College

and the college at Palakkad for 5th  Batch deficiencies found by the

assessors were gross so as to attract the provisions contained in

amended Regulation 8(3)(1)(b).

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17. Regulation 8(3)(1)(a) came up for consideration in the case of

Vedantaa  Institute  (supra) and while upholding vires of the provisions,

precluding opportunity of re­verification, this court has observed:

“10. Though Regulation 8(3)(1)(a) was challenged in the Writ Petition filed by Respondent No.  1  and 2,  they did not press  the relief.  They restricted their challenge to the manner in which the inspection was done and  for  a  direction  to  the  Appellant-Council  to  carry  out  a  fresh inspection. The interpretation of Regulation 8(3)(1)(a) by the High Court is patently erroneous in as much as the High Court did not take note of the proviso to Regulation 8(3)(1). Without a proper examination of the provision, the High Court fell in error in holding that Regulation 8(3)(1) (a) would be applicable only to the Colleges seeking second renewal i.e. admissions of the third batch. Admissions up to the second renewal i.e. admissions to the third batch would fall under Regulation 8(3)(1)(a). In other words, the proviso is not restricted only to second renewal cases. Even the first renewal is covered by proviso (a) to Regulation 8(3)(1) as the language used is "up to second renewal". We do not see any conflict between Section 10-A (3) and (4) of the Act on one hand and Regulation 8(3)(1)(a)  on  the  other.  Regulation  8(3)(1)  (a)  is  complementary  to Section 10-A of the Act.  Fixing minimum standards which have to be fulfilled  for  the  purpose  of  enabling  a  medical  College  to  seek  fresh inspection would not be contrary to the scheme of Section 10-A. In fact, Regulation  8(3)(1)  provides  that  an opportunity  shall  be  given to  the Medical College to rectify the defects. But, the proviso contemplates that certain minimum standards are to be satisfied i.e. there should not be a deficiency  of  teaching  faculty  and/or  residents  more  than  30  percent and/or  bed  occupancy  should  not  be  less  than  50  percent.  This prescription of standards for availing an opportunity to seek re-inspection is not ultra vires either the Regulation or Section 10-A of the Act.

11. On perusal of the material on record, we are of the opinion that the conclusion reached by the High Court  regarding the manner in which inspection was conducted is also not correct.  Bed occupancy at 45.30 percent on random verification was the claim of Respondent No. 1 and 2. However, the inspection report shows that out of the required minimum of 300 patients only 3 were available at 10.00 am on 25th September 2017. This Court in Kalinga (supra) has held that medical education must be  taken  very  seriously  and  when  an  expert  body  certifies  that  the facilities in a medical College are inadequate, it is not for the Courts to interfere  with  the  assessment,  except  for  very  cogent  jurisdictional reasons such as malafide of the inspection team, ex facie perversity in the

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inspection,  jurisdictional  error  on  the  part  of  the  M.C.I.,  etc. The submission  relating  to  the  cyclone  being a  reason for  the  number  of patients  being  less  is  not  acceptable.  We  are  in  agreement  with  the submission made on behalf of the Appellant that the Resident Doctors are required to be in the hospital at all points of time.”

(emphasis supplied)

18. In Medical Council of India vs. Principal, KMCT Medical College and

Anr.  (Civil  Appeal No.8429 of 2018) decided on August 21, 2018, this

Court has again considered the provisions of Regulations 8(3)(1)(a) and

the applicability of  clause 8(3)(1)(c)  and the submission raised on the

strength in  Royal Medical Trust (Registered) & Anr. v. Union of India &

Anr.  2015  (10)  SCC 19.  This Court  after considering the decision  in

Madha Medical College and Research Institute v. Union of India & Anr.

2017 (15) SCC 791 and I.Q. City Foundation and Anr. v. Union of India &

Ors.  2017 (16) SCC 249 observed that the recommendation of the

Hearing Committee at best had the force of observation for conducting

the review.  Physical verification of compliance can be done only by the

MCI.  The manner of verification of the compliance has to be necessarily

left to the appellant­MCI.  The Court observed:

“14. The conclusion of the High Court that a second inspection ought not to have been conducted by the MCI is contrary to the law laid down by this  Court  in  the  judgments  referred  to  supra.  We  are  also  not  in agreement with the High Court that the MCI was bound to comply with the  direction  issued  by  Respondent  No.2  and  that  a  recommendation ought  to  have  been made  by the  Appellant  without  verification.  It  is relevant to note that the Hearing Committee was prima facie convinced that the deficiencies pointed out in the inspection conducted on 18th/19th

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September  2017  appeared  to  have  been  rectified  on  the  basis  of documentary evidence furnished by the College. Therefore, the Hearing Committee suggested that the Appellant may review and make a revised recommendation without any need for compliance verification. On the basis of such recommendation of the Hearing Committee, the matter was sent back to the Appellant by Respondent No.2. At best, the observation of  the  Hearing  Committee,  as  affirmed  by  Respondent  No.2,  is  a suggestion. Remand of the matter to the Appellant -MCI for conducting a review is due to the fact that the physical verification for compliance can be done only by the Appellant - MCI. The manner of verification of the compliance has to be necessarily left to the Appellant -MCI. We are of the  view  that  it  is  open  to  the  Appellant  to  choose  the  manner  of compliance verification. Remand by the Government of India to MCI for a  review  does  not  place  any  restriction  of  verification  to  only  the deficiencies  pointed  out  earlier.  MCI  is  competent  to  conduct  the inspection  regarding  the  compliance  of  the  minimum  standards  as prescribed by the Regulations as well.”

(emphasis supplied)

19. In  Royal Medical Trust  (supra), the Court observed that when

verification is required,  it  should be before deadline fixed for taking a

decision:

"31. ... ... ... (A) Initial assessment of the application at the first level should comprise of checking necessary requirements such as essentiality certificate,  consent  for  affiliation  and  physical  features  like  land  and hospital requirement. If an applicant fails to fulfil these requirements, the application on the face of it, would be incomplete and be rejected. Those who fulfill the basic requirements would be considered at the next stage. (B) The inspection should then be conducted by the Inspectors of MCI. By  very  nature,  such  inspection  must  have  an  element  of  surprise. Therefore sufficient time of about three to four months ought to be given to  MCI  to  cause  inspection  at  any  time  and  such  inspection  should normally  be  undertaken  latest  by  January.  Surprise  inspection  would ensure that the required facilities and infrastructure are always in place and not borrowed or put in temporarily. (C) Intimation of the result or outcome  of  the  inspection  would  then  be  communicated.  If  the infrastructure and facilities are in order, the medical college concerned should be given requisite permission/renewal. However, if there are any deficiencies  or  shortcomings,  MCI  must,  after  pointing  out  the deficiencies,  grant  to  the  college  concerned  sufficient  time  to  report

17

compliance. (D) If compliance is reported and the applicant states that the deficiencies stand removed, MCI must cause compliance verification. It is possible that such compliance could be accepted even without actual physical verification but that assessment be left entirely to the discretion of  MCI  and  the  Central  Government.  In  cases  where  actual  physical verification is  required,  MCI and the Central  Government must cause such verification before the deadline. (E) The result of such verification if  positive  in  favour  of  the  medical  college  concerned,  the  applicant ought to be given requisite permission/renewal. But if the deficiencies still persist or had not been removed, the applicant will stand disentitled so far as that academic year is concerned.”

(emphasis supplied)

20. There can be a statutory prohibition on fresh inspection.  Same has

been created by amending regulation of 1999 in 2016. In Madha Medical

College and Research Institute (supra) this Court has observed:

"17. While considering the above submissions, we must make it clear at the  outset  that  we  are  not  impressed  with  the  argument  that  MCI  is prohibited  from  conducting  a  second  or  subsequent  inspection.  The purpose of inspection by an expert team of assessors is to verify whether a medical college has the requisite infrastructure and facilities including faculty, residents as well as clinical and nonclinical material. The basic purpose of the inspection is to verify whether the college possesses the wherewithal and resources to provide a quality legal education consistent with the statutory regulations which hold the field. The powers of MCI cannot  be  constricted  by  prohibiting  it  from  carrying  out  another inspection,  even  if  it  were  to  come  close  on  the  heels  of  an  earlier inspection.  As  an  expert  statutory  body,  MCI  may  have  legitimate reasons for seeking a reverification of the observations contained in a prior inspection. There may be reasons to doubt the genuineness of the picture which has been made out by the College during the course of an inspection. MCI may have prima facie reasons to believe that the actual possession of resources and infrastructure is at variance with what was portrayed before  its  team of  assessors.  MCI has  been conferred  with statutory powers  to  protect  the cause of  medical  education.  MCI is  a custodian of public interest and acts in trust for the welfare of society. Access  to  medical  care  requires  the  presence  of  qualified  health professionals.  Verification  of  the  conditions  which  prevail  in  medical colleges is central to the role discharged by MCI. Hence, it would be

18

manifestly contrary to public interest to restrict the powers of MCI to carry out a fresh inspection even though in its considered decision, such an inspection is necessary. This Court cannot sit in judgment over the wisdom of an expert body and we find no basis to hold in law that there is a prohibition in carrying out a fresh inspection. In the absence of a statutory  interdict,  the  court  will  not  read  such  a  restriction  into  the powers  of  MCI.  In  these  circumstances,  we  find  no  merit  in  the submission.”

(emphasis supplied)

21. In  I.Q.  City Foundation vs.  Union of India  (supra) the Court  has

emphasized ‘objectivity’ in the decision­making process, it observed:

"31.  On  a  reading  of  Section  10-A of  the  Act,  Rules  and  the Regulations, as has been referred to in Manohar Lal Sharma [Manohar Lal Sharma v. Medical Council of India,  (2013) 10 SCC 60: 6 SCEC 578], and the view expressed in Royal Medical  Trust [Royal Medical Trust v. Union of India, (2015) 10 SCC 19: 7 SCEC 429], it would be inapposite to restrict the power of the MCI by laying down as an absolute principle that once the Central Government sends back the matter to MCI for compliance verification and the assessors visit the college they shall only verify the mentioned items and turn a Nelson's  eye even if  they perceive  certain  other  deficiencies.  It  would  be  playing  possum.  The direction of the Central Government for compliance verification report should not be construed as a limited remand as is understood within the framework of Code of Civil Procedure or any other law. The distinction between  the  principles  of  open  remand  and  limited  remand,  we  are disposed to think, is not attracted. Be it clearly stated, the said principle also does not  flow from the authority  in  Royal  Medical  Trust  [Royal Medical Trust v. Union of India, (2015) 10 SCC 19 : 7 SCEC 429] . In this context, the objectivity of the Hearing Committee and the role of the Central  Government  assume  great  significance.  The  real  compliant institutions  should not  always be kept  under  the  sword of  Damocles. Stability  can  be  brought  by  affirmative  role  played  by  the  Central Government.  And the stability and objectivity would be perceptible if reasons are  ascribed while  expressing a  view and absence of  reasons makes the decision sensitively susceptible."

19

22. The MCI has been established in order to streamline the standard

of medical education.   It has the power to supervise qualification and

eligibility standards for admissions into medical institutions, as observed

in State of Kerala vs. T.P. Roshna (1979) SCC 580:

“The Indian Medical Council Act, 1956 has constituted the Medical Council of India as an expert body to control the minimum standards of medical  education  and  to  regulate  their  observance.   Obviously,  this high-powered Council has power to prescribe the minimum standards of medical education. It has implicit power to supervise the qualifications or eligibility standards for admission into medical institutions.  Thus, there is an overall invigilation by the Medical Council to prevent sub-standard entrance qualifications for medical courses.”

23. In Medical Council of India vs. State of Karnataka 1998 (6) SCC 131

the Court observed that the country does not want a half­baked medical

professional to come out of the medical colleges.   The college should be

well equipped with faculty and competent doctors.   The Court has

observed:

“A medical student requires grueling study and that can be done only if proper facilities are available in a medical college and the hospital attached  to  it  has  to  be  well  equipped  and  the  teaching  faculty  and doctors has to be competent enough that when a medical student comes out, he is perfect in the science of treatment of human beings and is not found  wanting  in  any  way.   The  country  does  not  want  half-baked medical professionals coming out of medical colleges when they did not have full facilities of teachings and were not exposed to the patients and their ailments during the course of their study. ………”

The Court has further observed that the regulations of the MCI are

binding and mandatory.  There cannot be any contrary State enactment.

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The said view was affirmed by this Court in Dr. Preeti Srivastava v. State

of Madhya Pradesh & Ors. 1999 (7) SCC 120.

24. For effective implementation of provisions of Section 10 A of the

Indian Medical Council  Act,  1956 (for short,  “the Act”)  requiring prior

permission from the Central Government for the establishment of

medical colleges, regulations have been made in exercise of powers under

Section 10 A read with Section 33 of the Act.   

25. Consequently, the regulations of 1999 are binding with respect to

availability  of teaching  faculty, infrastructural  and other  facilities  and

with the  advancement of the  batches this requirement  become  more

rigorous as there is more requirement in the faculty than the college is

recognized after  fulfillment of  all the conditions as apparent  from the

provisions contained in the Regulations.   With the aforesaid objective,

the provisions contained in Regulation 8(3) have been carved out and

amended in 2016. In case there are gross deficiencies, more than

prescribed  in regulation  for  the concerned batch then the compliance

verification would not be considered in the same academic year.

Regulation 8(3)(1)(a) shall be applicable to an institution which has been

established and is at the stage of second renewal of permission and in

case deficiency of faculty  and/or residents are  found more  than 30%

and/or bed occupancy  is found  less than 50%,  institute shall  not be

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given opportunity to rectify such deficiency in same academic year. In

case discrepancies  are  less, then the opportunity is  afforded to  make

compliance.  In the case of recognition, an opportunity of compliance has

to be given as per  Regulation 8(3)(1), once recognition is denied  no

admissions can be made.

26. Considering the aforesaid provisions and the deficiencies found in

the case of the aforesaid three medical colleges, we are of the considered

opinion that the recommendations made by the Hearing Committee to

review and to consider the compliance could not be said to be binding.

The provisions of the regulations 8(3)(1)(a) and (b) are binding upon the

Hearing Committee/Government of India and the MCI.   It is only in a

case when a report of the Assessors on the face of it, makes out that the

same is incorrect, a reconsideration or review is called for. Otherwise, in

the case of gross deficiency, the yardstick contained in regulation 8(3)(1)

(a) or (b) has to be applied by the Hearing Committee, Government of

India or the MCI, as the case may be.  It is not open to the Government

of India/ MCI or Hearing Committee to depart in a few cases and in some

other to take a different stand. They have to scrupulously observe the

provisions of regulations which are binding on them.

27. It is unfortunate that the High Court has made a passing reference

to the decision of this  Court in  Medical  Council  of India  v.  Vedantaa

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Institute of  Academic  Excellence Pvt. Ltd.  &  Ors. (supra)  and  Medical

Council of India v. The Principal, KMCT Medical College, and Anr. (supra).

It was incumbent upon the High Court in pith and substance to follow

the mandate of Vedantaa Institute of Academic Excellence Pvt. Ltd. & Ors.

(supra). The High Court has relied upon other judgments which were not

based upon the consideration of the amended provisions of the

regulation 8(3)(1). It could not have relied upon its own decision of the

Division Bench in  D.M. Education and Research Foundation v. Union of

India (supra) which was clearly contrary to the aforesaid decisions of this

Court.

28. It is high time for the MCI to ensure its functions well and eradicate

all the loop­holes and decide the case within a reasonable time and not

to lend the colleges in a situation with no legal remedy available once

case is decided at the fag end of the academic session on 31st May. We

are constrained to observe that it would be appropriate that MCI and

Government of India take a decision in all the cases at an early date and

not by the end of May 2018. The next academic session has to commence

from first of July of the Gregorian calendar year as such at least 3­4

months’ time should be available to seek judicial review of the action or

re­inspection, if any, so warranted by the MCI or Government of India.

We find that once a petition is filed and even if in some cases we are

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inclined to grant a relief of re­inspection to a college, but due to the lapse

of the time schedule and the admissions having already been made, it is

not considered appropriate to disturb the uniform schedule of various

universities.   In our opinion, it would be appropriate that the MCI, as

well as the  Government of India, should take a final decision after

inspection, by the end of February or latest by the end of March.

29. Now, we  consider the submission raised by Mr. C.S. Vaidyanathan

in the case of P.K. Dass Institute of Medical Sciences in regard to the

correctness of the report of the Assessors as to the occupancy of the bed,

wherein bed occupancy had been found to be 40.60% at 10.00 am on the

date of the inspection held on 31 October and 1st November, 2017 for the

purpose of renewal of permission for admission of fifth batch of 150 seats

in MBBS Course or 2018­2019.  The provisions contained in Regulation

8(3)(1)(b)  had been applied.  The Executive  Committee  on 16.01.2018

considered the representations dated 5.1.2018 submitted by the college,

forwarded to it by the Ministry.   The Hearing Committee had observed

that attendance was counted till 2.00 p.m. the college has explained the

deficiency of faculty and deficiency of attendance in OPD, however, it was

observed that the submission of the college regarding bed occupancy was

not entirely  satisfactory.  The case was referred  to the MCI  for review

including considering the imposition of Regulation 8(3)(1)(b). After

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considering the recommendation decision was taken by the MCI, as the

aforesaid regulation was applicable, the decision was taken not to renew

the permission for admission of 5th Batch of MBBS course.   

30. It was further contended on behalf of the college that the

performance of the students and result of the examination was extremely

good and bed occupancy was more as  shown on the college  website.

With respect to the bed occupancy, it was reported by the Assessor that

there were 262 patients out of 650 required beds at 10.00 am on the first

day. It  was  submitted  by the learned  senior  counsel that there  were

approximately 500 patients admitted as indoor patients as apparent from

the web portal of the college in question thus, the report of the Assessors

was absolutely incorrect and this aspect should be looked into by this

Court.   It was contended that the Assessors had counted patients

available on the beds at that time.  Assessors did not count patients who

were  under investigation procedures  and operation  theatre  and  those

who were in the washrooms, pantry etc.   As per the Assessors, the bed

occupancy was 40.30% i.e. 262 patients out of 650 patients which were

required. Whereas college claimed that 493 indoor patients were there at

10.00 am on 31.10.2017.   There was 80% bed occupancy on 30­

31.10.2017 and 1.11.2017. The learned senior counsel has drawn

support from the website portal.

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31. We have no hesitation in rejecting the submission as it has no legs

to stand. Whatever college says is not a gospel truth.   There is no case

wherein college does not dispute the report of the Assessors and contend

that there were no such deficiencies.  It is clearly disputed fact. Firstly,

the report of the Assessor cannot be lightly disbelieved. It is not open to

examining the case set up by the college as facts are found by Assessors

are at great variance secondly, in the judicial review, the report cannot

be discarded relying on data put up by the college on self­serving website

portal.   In our view, the High Court was right in discarding the

explanation offered by the colleges with respect to deficiencies.  Even the

Hearing Committee with respect to P.K. Dass Institute of Medical

Sciences did not doubt the report of Assessors as to bed occupancy. This

Court has considered the value of a website portal and such objections in

Medical Council of India v. N.C. Medical College & Hospital and Ors. (Civil

Appeal No.9519 of 2018) decided on 13.9.2018 in which the decision of

Medical Council of India vs. Kalinga Institute of Medical Sciences (KIMS) &

Ors. 2016 (11) SCC 530 has been referred to.  The Court observed:

“18.  On  the  one  hand,  the  High  Court  has  doubted  the  report  of inspection and for that surprisingly relied on the self-serving contents of the website of the college. There is nothing to vouch for the authenticity of  the  website  information.  It  is  not  what  the  institution  asserts  on website  but  what  is  actually  found  on  inspection,  that  has  to  be considered by the court and while exercising judicial review it is settled law that court cannot sit  in appeal over the report  of the assessors as

26

observed in  Medical  Council  of  India v.  Kalinga Institute  of  Medical Sciences (KIMS), (2016) 11 SCC 530 thus:

"21. A perusal of the decision of the High Court clearly indicates that it considered the latest report of the Inspection Team as if it was hearing an appeal against  the report.  In  doing so,  the High Court went into great details on issues relating to the number of teaching  beds  in  the  hospital,  the  limitations  in  the  OPD Department,  the  number  of  units  available  in  the  subjects  of General  Medicine,  Pediatrics  etc.,  bed  occupancy,  number  of Caesarean  sections,  discrepancy  in  data  of  major  and  minor operations, computerization in the institution, number of patients in the  ICU,  number  of  static  X-ray  machines,  deficiency  of examination halls, lecture theatres, library, students hostel, interns hostel, playground etc. etc. Surely, this was not within the domain of the High Court in the exercise of its jurisdiction under Article 226 of the Constitution. 22. The High Court did not appreciate that the inspection was carried out by eminent Professors from reputed medical  institutions  who  were  experts  in  the  field  and  the  best persons to give an unbiased report on the facilities in KIMS. The High Court under Article 226 of the Constitution was certainly not tasked to minutely examine the contents of the inspection report and weigh them against the objections of KIMS in respect of each of its 18 items. In our opinion, the High Court plainly exceeded its jurisdiction  in  this  regard  in  venturing  into  seriously  disputed factual issues.”

(emphasis supplied)

It was also observed that at the time of inspection faculty should be

present  barring certain exceptions otherwise the very purpose of the

inspection would be defeated.   The Report of the Assessors cannot be

lightly faulted and the court cannot sit in an appeal and go into disputed

facts.   There were other deficiencies too but due to the aforesaid gross

deficiencies, the provisions of regulations 8(3)(1)(b) were clearly attracted.

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32. In  Medical Council of India v. The Principal, KMCT Medical College

(supra) it was contended that the inspection was not properly conducted.

The submission had been rejected thus:

“15. We do not deem it necessary to deal with the submission made on behalf  of  the  College  regarding  the  inspection  not  being  properly conducted.  This Court has repeatedly said that a decision taken by the Union of  India  on  the  basis  of  a  recommendation  of  an  expert  body regarding  the  inadequacy  of  facilities  in  medical  colleges  cannot  be interfered with lightly. Interference is permissible only when the colleges demonstrate jurisdictional errors, ex facie perversity or mala fide. [See:- Manohar Lal Sharma v. Medical Council of India 4 and Medical Council of India v. Kalinga Institute of Medical Sciences (KIMS) 5 ]. As no case is made out by the College for interference with the inspection report, we decline the request of Mr. Sibal for remand of the matter to the High Court.”

(emphasis supplied)

In our opinion, in view of the aforesaid legal position, it is not open

to the court  in  judicial  review to accept tenuous objections as to bed

occupancy in the absence of mala fide.

33. In view of the aforesaid discussion, we are of the considered

opinion that the High Court has gravely erred in law while passing the

impugned judgment and order in quashing Government’s order, allowing

the admissions for the academic session 2018­2019 without there being

Government of India’s permission and the recommendation of the MCI.

The High Court has issued direction for fresh inspection and thereafter

the MCI to consider the report after the grant of opportunity to remove

defects if any. Firstly, it could not have issued such a direction in view of

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regulations and also the blanket direction that college should be

permitted to remove the deficiencies  if  any found. Deficiencies can be

removed, if found, within the permissible limits as provided in regulation

8(3), not in a case Regulation 8(3)(1)(a) or (b) is attracted.   Thus, such

kind of general direction issued without considering the provisions of the

Regulations are wholly illegal and unwarranted and on inspection, the

decision  has to  be taken in  accordance  with law  as  per regulations.

Obviously, regulations would come into play as per outcome of an

assessment.   It cannot be predicted in advance  what  would be the

outcome of inspection to decide  in advance opportunity  of  removal  of

deficiencies. There  may be a case where deficiencies are found by

Assessors to be gross as contemplated in the proviso to Regulation 8(3)

(1), they cannot be removed in that year.  Even otherwise,  the Court

could not have at all ordered the admissions, as directed in the instant

matter. High Court at the same time has ordered inspection and if the

deficiencies are found to exist then the MCI and Government of India

have been given liberty to take appropriate decision.   Such orders may

ruin the entire career of the students. Once permission to admit students

is granted, it should not be such conditional one.   Considering the

deficiencies, it would be against the efficacious medical education and

would amount to permit the unequipped  medical college to impart

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medical  education without  proper infrastructure  and faculty,  patients

serve as the object of teaching by such an approach ultimately interest of

the society would suffer and half­baked doctors cannot be left loose on

society like drones and parasites to deal with the life of patients in the

absence of proper educational training.   It  would  be  dangerous and

against the right to life itself, in case unequipped medical colleges are

permitted to impart substandard medical education without proper

facilities and infrastructure.  

In re: D.M. Education and Research Institute of Medical Sciences:

34. Coming to the case of recognition and admission in of D.M.

Education  and  Research Institute  of  Medical  Sciences established  by

D.M. Education Research Foundation Trust, it was a case of recognition

and  admission. In the inspection  dated  27.2.2018  and  14/15  March

2018 various deficiencies were found supported by photographs,

videography etc.  The deficiencies which were found as mentioned in the

Government of India order dated 31.5.2018 are extracted hereunder:

“The  Executive  Committee  of  the  Council  considered  the assessment report (27.2.2018) and 14th & 15th March 2018) along with photographs/  videography and letters/  representation dated 15.03.2018 from Dean of the Institute with regard to Recognition/ Approval of DM Wayanad Institute of Medical Sciences, Kerala and noted the following:

1. “Deficiency of faculty is 18.93% as detailed in the report.

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2. OPD: On both days, at 09.40 a.m.,  most of the faculty & residents were not available.

3. Bed Occupancy at  10 a.m.  on the  day of  assessment  was 61.69%;  however  about  15%  of  the  patients  were  not genuine  reducing  Bed  Occupancy  to  46%.   Out  of  these, most  of  the  patients  were  admitted  on  a  day  prior  to assessment.

4. Patients: On verification of the patients on the beds (from among the 401), the following patients were notified in most of  the  wards,  indicating  the  nongenuine  patients.  For example:-

I. Mini C.K. WIMS No.258951, Gen. Med-3, was admitted on 14.3.2018 at 9.40 pm when the institution was inspecting at 9.30 am on 14.3.2018.   Nurses  clinical  chart  was entered even for 13th doctors notes too, thereby indicating that case sheets with non-genuine patients are prepared in advance.

II. Raimanath – WIMS No.310182, OBG Ward, was admitted twice  on  13.3.2018  and  14.3.2018.  No  case  notes  of  the patient in the case sheet and no treatment.

III. Mr.  Sivan  WIMS  No.212033  –  Gen  Medicine  Only admission  request  form  –  entire  inpatient  case  records including names blank.

IV. Prabhashini WIMS No.39575, OBG Ward 2 – admitted with complaints of excessive bleeding PV, on enquiry, she gives a history of no bleeding at all, but only pain abdomen.  The same was endorsed by the Resident in the ward on the case sheet.  No investigations and treatment were given. Taking this into account in the wards, around 15% of the patients were  non-genuine,  taking  the  effective  bed  occupancy  to around 46%.

Also apart  from this,  in the wards, more than 50% of the patients  were  admitted  on  13.3.2018,  the  day  before  the assessment.

5. Data of Radiological & Laboratory investigations given by the  Institute  include  data  of  private  patients  &  Super specialties patients which is not permissible.

6. Wards: There is no signage of Unit-wise bed distribution, no faculty & residents were available inwards during the round.

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7. ICUs:  There  was  only  1  patient  in  PICU  on  the  day  of assessment.

8. 4  Mobile  X-ray  machines  are  available  against  the requirement of 6.

9. Microbiology  department:  6  Service  laboratories  are available against requirement of 7.

10. Pharmacology department: There are NIL Specimen & NIL Model in the Museum.

11. Forensic  Medicine  Department:  Cold  Storage  is  not available.

12. RHTC: Cold Chain equipment are not available.

13. Residents’  Hostel:  On  verification,  about  15-20%  of Residents are found to be not staying in the campus. Rooms allotted to them were closed on inspection by the assessors.”

35. The background facts indicate that the college was granted

permission for the academic sessions 2013­2014 and 2015­2016. For the

academic year 2016­2017, it was granted conditional permission on the

recommendation of the Oversight Committee to the effect that in case of

failure to remove the deficiencies, it would be debarred for two academic

years.   Thereafter, on inspection assessment that was made on 5th and

6th  December 2016, gross deficiencies were found and due to that the

MCI on 28.1.2017 recommended the Central Government to debar the

college for two academic years and to encash the bank guarantee. On

31.5.2017, Government of India accepted the recommendations of  the

MCI.  As the first batch admitted in the college reached the final year, the

application was filed by the college for grant of recognition.  The college,

aggrieved by the Government of India’s decision on 31.5.2017 filed Writ

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Petition (C) No.19753 of 2017 for permission to admit fresh batch of 150

M.B.B.S. students for the academic year 2017­2018.   The writ petition

was decided by order dated 2.8.2017 the High Court directed

Government of India to give a personal hearing to the college and

thereafter to pass a fresh reasoned order.  The Government of India after

considering the recommendation of the Hearing Committee decided on

14.8.2017 to confirm the conditional renewal of permission for the

academic year 2016­2017 and that no fresh batch for 2017­2018 may be

allowed.

36. Writ Petition No.19753 of 2017 came to be filed for grant of

admission in 2017­18 in which interim order was granted by the High

Court on 25.8.2017.  This Court set aside the interim order of the High

Court on 6.9.2017, however, permitted the college to approach this court

under Article 32 of the Constitution of India.  Thereafter, Writ Petition (C)

No.838 of  2017 was filed  in this Court.  This Court vide order dated

22.9.2017 while permitting the students admitted for the academic year

2017­2018 to continue, directed the college to remove the deficiencies.

The order was passed to safeguard the interest of the students already

admitted pursuant to the interim order dated 25.8.2017.  

37. In order to consider the case of the respondent – medical college for

recognition, an inspection  was carried  out on  27.2.2018  and  14/15,

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March 2018.  In the assessment report,  various deficiencies as noted

above were found.  The Executive Committee decided not to recommend

the recognition in regard to MBBS degree.  It was also recommended to

the Central Government not to grant renewal of permission for the

admission of a fresh batch of 150 MBBS students for the academic year

2018­19.  The decision of the Executive Committee was communicated to

the  Oversight  Committee,  which in turn vide order dated 28.3.2018

approved the same.

38. The Executive Committee then vide letter dated 20.04.2018

communicated to the Government of India. At the same time, the MCI

vide letter dated 20.04.2018 requested the respondent­Medical College to

rectify the  deficiencies  and submit compliance  within one  month for

further consideration of its case for grant of recognition.  As against

recommendation made by the MCI, the college filed the Writ Petition (C)

No.15171 of  2017 before the  High Court  of  Kerala.  The  High Court

directed Government of India to grant a hearing and to pass final order

on or before 31.5.2018.   The Government of India granted hearing

opportunity on 21.5.2018.   The college reported compliance on

22.5.2018.  The MCI vide letter dated 25.5.2018 requested the Oversight

Committee to consider the matter.   The Oversight Committee on

28.5.2018 directed the MCI to follow the regulations.  The Government of

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India  was informed  by the  MCI  on  28.5.2018 that last  date to send

recommendation by MCI was up to 30.04.2018 which was already over,

as such the case of the college could  not  have  been considered for

admission for 2018­2019 and the matter of the recognition was under

consideration of the MCI and shall be decided appropriately after

considering compliance.  The Central Government passed the impugned

order on 31.5.2018 and in view of the gross deficiencies decided not to

grant renewal of permission admission for the batch of 150  MBBS

students in the academic year 2018­2019.  Aggrieved by the same, Writ

Petition (C) No.19543 of 2018 was filed  in which prayer was made to

grant recognition and to permit the students to be admitted.   The said

writ petition had been allowed by the impugned common judgment.  

39. For the purpose of recognition, the Regulations of 1999 contains

the provisions  in Regulation 8(3)(1)  wherein the process of  renewal of

permission will continue till such time the establishment of the medical

college and expansion of the hospital facilities are completed and a

formal recognition of the medical college is granted.  Further admissions

shall not be made at any stage unless the requirements of the Council

are fulfilled.   The  Central  Government  may  at any stage convey the

deficiencies to the applicant and provide him an opportunity and time to

rectify the deficiencies. It is the stand of the MCI also that the matter of

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recognition is under consideration and shall be considered in terms of

said regulation  after giving the opportunity to  make good  deficiency.

However,  with respect to admissions  in 2018­19, the recommendation

was made not to admit the students.

40. It  is apparent that when the Hearing Committee has ordered on

21.5.2018 to consider the compliance and to make a fresh

recommendation, the MCI declined to do so on the ground that time to

make a recommendation was already over on 30.04.2018.  The decision

of Mridul Dhar v. Union of India, 2005 (2) SCC 65, Priya Gupta v. State of

Chhattisgarh 2012 (7) SCC 433 and Royal Medical Trust (Regd.) & Anr. v.

Union of India  2015 (10) SCC 19 were referred to.   It was clearly

mentioned by the MCI in its letter dated 25.5.2018 that the matter could

not be considered for renewal of permission for admission for the

academic year 2018­2019, but compliance of the medical college for the

purpose of recognition/approval under section 11(2) of the Act was under

consideration of the  MCI and compliance  verification/assessment  and

recommendations of the MCI would be sent to Central Government in

due course of time.  The matter was under consideration before the MCI

for recognition, renewal for permission for admission had been declined

by the  MCI on  28.5.2018.   Thereafter, the  Government of India  has

passed the order on 31.5.2018 declining admission for 2018­19.

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41. In view of the deficiencies  of faculty  and of  bed occupancy, the

decision not to grant permission for admission in the year 2018­2019

was appropriate. However, the compliance that had been submitted by

the college on 22.5.2018 will be considered for the purpose of recognition

by the MCI as provided under the regulation 8(3). Let the MCI consider

the matter for the purpose of recognition duly considering the

compliance unfettered by the order passed by the Government of India

on 31.5.2018.   The Government of India also to consider the matter of

recognition in accordance with the law.  Let the decision be taken by the

respondents­ MCI and Government of India as expeditiously as possible.  

42. Resultantly, the appeals are allowed. The impugned judgment and

order are set aside.   However, it would be open to the colleges to stake

their claim for permission for admission for next academic session  i.e.

2019­2020, in accordance with law.  No costs.

........................J. (ARUN MISHRA)

……..................J. (VINEET SARAN)

NEW DELHI; OCTOBER 29, 2018

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