No MCI permission to VIMS for MBBS seats: Supreme Court upholds HC order

New Delhi: The Supreme Court refused to interfere with the High Court's order that called for no renewal of permission for MBBS admission to 150 MBBS students at Venkateshwara Institute of Medical Sciences

The direction came by Justice Navin Sinha and Justice Indira Banerjee while hearing a special leave petition filed by the Venkateshwara Institute of Medical Sciences (VIMS) challenging the HC order

Earlier this month, the Delhi High Court had upheld the Medical Council of India's (MCI) decision of not granting Venkateshwara Institute of Medical Sciences, the 3rd renewal of permission for admission of 4th batch of 150 MBBS students for the academic year 2019-20.

The medical college had sought quashing of the May 31^st order of the MCI by which the request of the medical college for grant of third renewal of permission to admit the fourth batch of 150 MBBS students for this academic year was disapproved and the MCI inspection May 13

th report.

The medical institute had also sought that the MCI authorities be directed to issue Letter of Permission (LOP) to the medical college after considering the Surprise Compliance Verification Assessment of their own Assessors of MCI for grant of 3rd Renewal.

Also Read: Delhi HC upholds MCI decision, denies permission to VIMS for 150 MBBS seats

Prior to this, the MCI had refused to grant permission for 150 MBBS seats, pointing out various deficiencies that included faculty 83.7% & residents 65.16%, bed occupancy 19.2% and 24 other deficiencies pointed out through the assessment made on 13.5.2019, were sufficient to negate the grant of any permission to the medical college.

The MCI had alleged that the medical college had resorted to forum shopping as another matter is pending before the Allahabad HC where 6 students had alleged that the medical college doesn't have the proper infrastructure, clinical material and Laboratories, faculty, residents and other physical facilities for continuing the teaching and training of the only batch of admitted MBBS students i.e. the batch of 2016-17. Hence, the medicos had demanded transfer from the institute to Government Medical Colleges (GMCs).

It was further submitted by the MCI authorities that they had received complaints against the medical college in the month of May and a hearing was granted to the medical college where it was decided not to recommend the said renewal permission.

It had further apprised the court that in view of the unsatisfactory explanation that was offered by the medical college authorities regarding discrepancies and deficiencies detailed, the Hearing Committee decided not to grant renewal of permission for admission of the 4th Batch of 150 MBBS students for the academic session 2019-20 which was considered by the MCI BoG.

After going through all the submissions made by both the parties, the Delhi HC bench of Justice Anu Malhotra had noted that the MCI's decision to not grant 3rd Renewal of Permission for Admission of 4th Batch of 150 MBBS Students for the academic year 2019-20 was not faulty and hereby upheld the medical council's decision.

"In view of the discrepancies that had been brought forth through the inspection conducted on 25.11.2018 and 13.5.2019 with faculty deficiency of 83.7% & residents 65.16%, bed occupancy 19.2% apart from 6 other gross deficiencies, which this Court cannot overlook, it is apparent that the prayer made by the petitioner seeking the setting aside of the impugned order of the respondent No.1, the Board of Governors in supersession of the Medical Council of India, dated 31.5.2019 deciding not to renew the permission for admission to the petitioner institute under Section 10A of the Indian Medical Council Act, 1956, for the academic year 2019-2020 cannot be faulted with…

…In view of the discrepancies that have been brought forth through the inspection report adverted to by the respondent No.1, the Board of Governors in supersession of the Medical Council of India, it is needless to consider all other aspects raised on behalf of either side…"

Thereafter, the medical college had moved the Supreme court and filed a special leave to appeal regarding the same. However, the apex court disposed of the plea ruling;

We are not inclined to interfere with the impugned order of the High Court. The Special Leave Petition is, accordingly, dismissed.

Also Read: Defunct Haryana Medical College now available for sale