The Supreme Court said that all the patients of the ward were found healthy and fit
New Delhi:
The Supreme Court on Monday, while dealing with a case of cancellation of permission for the admission of additional students in a medical college, came across a Bollywood film ‘Munna Bhai MBBS’ moment, as a surprise inspection was conducted on the grounds that the patients in the ward were ” Were fine and hearty” and “no serious patients found in the pediatric ward”.
The National Medical Commission (NMC) told the top court that the permission for admission of additional students was canceled as the college had no operation theater and no X-ray machine, among other shortcomings.
A bench of Justices DY Chandrachud and Surya Kant said, ‘It is shocking. It is like Munna Bhai movie. All the patients in the ward were found healthy and fit. There were no serious patients in the pediatric ward. We cannot tell what else we found in the inspection report. we were wondering”.
Senior advocate Abhishek Manu Singhvi, appearing for Annasaheb Chudaman Patil Memorial Medical College, submitted that the inspection was conducted by the NMC without any notice and that too on a public holiday which is the festival ‘Makar Sankranti’, which is prohibited.
The bench told Singhvi, “The disease does not stop on ‘Makar Sankranti’. Your client (college) did not say that there were no patients.
The bench was hearing an appeal filed by the NMC and the medical college located in Maharashtra’s Dhule district against the order of the Bombay High Court, which had directed fresh inspection of the college by the commission and allowed admission of students.
Solicitor General Tushar Mehta and advocate Gaurav Sharma submitted that the NMC can conduct surprise inspections under the law and what the High Court order did was that it allows 100 MBBS students to take admission in a “college of this type”. , which was the initial capacity.
“There is no operation theater nor X-ray machine”, Mehta said, adding that students need not be worried as they will be accommodated in other colleges after consultation with the government.
Mehta said only one thing, 100 were allowed and 50 were new and what does this order do is that they continue with 100 but do not accept new so that such new batches are not there. come. institute. Now, if we cancel their recognition, those students will not suffer, because in consultation with the government we will distribute them to other colleges. But they will not start adding new students to such institution now. can.
Singhvi said that this college is running since 1992 with 100 MBBS seat capacity and hence NMC does not have the right to withdraw the admission to these seats.
He said that the NMC did not allow additional 50 seats on the basis of the inspection report.
Senior advocate Nidesh Gupta, appearing for the college, also submitted that the infrastructure which has been flagged in the inspection report by the NMC is in existence for decades, and then there was no issue about it.
The Bench set aside the orders of the Aurangabad Bench of the Bombay High Court and called for fresh consideration observing that “the High Court has not dealt with the merits of the rival dispute, we have upheld the impugned order of the High Court dated 25 January 2022″. is canceled. and on February 2, 2022, and reinstatement of admission before the High Court.”
The bench said, “As on record before this court, both the NMC and the medical college are aggrieved by the orders of the High Court. The judgment which was based on gross deficiency, which was noted during the surprise inspection, required the validity of that inspection. The investigation cannot be justified by simply ordering a new inspection that has already been done.
It was noted that the medical college established in 1992 has a capacity of 100 seats for MBBS course.
“The Medical College submitted an application on November 30, 2020 for increasing the capacity of MBBS seats from 100 to 150 for the academic year 2021-22. Renewal of recognition for the academic year 2021-22 was done on July 15, 2021 on the condition that continuance of recognition shall be in accordance with law”, the bench said.
“The assessors appointed by the NMC conducted a physical inspection on September 8, 2021 and letter of intent was issued on November 16, 2021. The College submitted an undertaking on November 23, 2021, followed by an undertaking on November 25, 2021; Permission was given to increase the capacity from 100 to 150.”
The apex court said that the surprise inspection was conducted on January 14, 2022, and based on the report of the inspection, on January 19, 2022, the NMC withdrew the permission letter for increase in intake capacity and directed it to stop. Admission for 2021-2022.
The High Court order was challenged by the NMC in the apex court on the ground that it was passed without taking into account the provisions of the NMC Act. The medical college had also challenged the order of the High Court.
(Except for the title, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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