MCI decision denying MBBS permission to Mulayam Singh Yadav Medical College cannot be faulted: Delhi HC

New Delhi: Holding that the refusal of permission by the Medical Council of India (MCI) to Mulayam Singh Yadav Medical College to take in a fresh batch of 150 students for the academic year 2019-20 in MBBS course in view of certain deficiencies; cannot be faulted with; the Delhi High Court has dismissed the petition by the institute.

The medical college, set by KSD Charitable trust in Meerut (Uttar Pradesh), 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.

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.

The MCI, represented through senior advocate Singh and lawyer T Singhdev, 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 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 court said 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. 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 Hon'ble 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 07.05.2019 of the Hearing Committee have been taken into account by the respondent no.2 and that the order of the respondent no.2 dated 18.05.2019 not granting the permission to the petitioner college for an intake of 150 MBBS students i.e. the second batch for the academic year 2019-20 cannot be faulted with..."

The court, in its verdict, upheld the MCI's decision of denying permission for MBBS course for this academic year and dismissed the petition of the medical college.

"In view of the observations hereinabove qua the deficiencies pointed out by the minutes dated 07.05.2019 of the Hearing Committee taken into account by the respondent no.2, with it having been held hereinabove that thus, the non-grant of permission to the petitioner College for the intake of 150 students i.e. the 2nd Batch for the academic year 2019-20 by the respondent no.2, cannot be faulted with, the other contentions that are raised on behalf of either side, do not require consideration presently."

"In the circumstances, the petition and the accompanying application are dismissed."

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