NO MCI Permission: Supreme Court dismisses Mulayam Singh Yadav Medical College SLP
New Delhi: The Supreme Court, in its recent verdict, has dismissed the Special Leave Petition (SLP) filed by the Mulayam Singh Yadav Medical College against the Medical Council of India's (MCI) denial to the institute for taking in a fresh batch of 150 MBBS students for the academic year 2019-20.
The refusal of permission by the MCI came in view of the certain deficiencies prevailing at the institute. Earlier, the medical college had approached the Delhi High Court bench which had also dismissed its petition holding that the MCI's decision cannot be faulted with.
The medical 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 medical 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.
Read Also: MCI decision denying MBBS permission to Mulayam Singh Yadav Medical College cannot be faulted: Delhi HC
The medical institute 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 medical 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 medical 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.
During the Delhi HC hearing, the counsel appearing for MCI said that 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 be compelled for the granting renewal permission for admissions.
The college claimed that the MCI's order was perverse and contrary to the IMC Act and was not a reasoned order. It 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.
The Delhi high court observed that it was apparent that the deficiencies that have been pointed out in the medical 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.
Further, taking into account the verdict of the Supreme Court in relation to the maintainability of standards of medical education, the HC bench had dismissed the petition of the medical college.
Aggrieved by the HC decision, the medical college moved the apex court which has now rejected the appeal of the institute. The SC bench held:
Read Also: No MCI permission to VIMS for MBBS seats: Supreme Court upholds HC order
The refusal of permission by the MCI came in view of the certain deficiencies prevailing at the institute. Earlier, the medical college had approached the Delhi High Court bench which had also dismissed its petition holding that the MCI's decision cannot be faulted with.
The medical 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 medical 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.
Read Also: MCI decision denying MBBS permission to Mulayam Singh Yadav Medical College cannot be faulted: Delhi HC
The medical institute 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 medical 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 medical 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.
During the Delhi HC hearing, the counsel appearing for MCI said that 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 be compelled for the granting renewal permission for admissions.
The college claimed that the MCI's order was perverse and contrary to the IMC Act and was not a reasoned order. It 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.
The Delhi high court observed that it was apparent that the deficiencies that have been pointed out in the medical 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.
Further, taking into account the verdict of the Supreme Court in relation to the maintainability of standards of medical education, the HC bench had dismissed the petition of the medical college.
Aggrieved by the HC decision, the medical college moved the apex court which has now rejected the appeal of the institute. The SC bench held:
We find no ground to interfere with the impugned order passed by the High Court. The Special Leave Petition is, accordingly, dismissed.
Read Also: No MCI permission to VIMS for MBBS seats: Supreme Court upholds HC order
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