No fault of HC in refusing permission to Appellant for making admissions for academic year 2020-21

“We find no merit in the contention of the Appellants that the Medical Council of India committed an error in not permitting admission of students for the academic year 2019-2020. Having found that the request made by the Appellants for permitting MBBS course for the academic year 2019-2020 had become infructuous, the High Court rightly considered the entitlement of the Appellant-College for the academic year 2020-2021."(Para 15)

Chintpurni Medical College and Hospital & Anr. V/s Union of India & Anr.

Civil Appeal No. 155 of 2021

Decided on 28th January, 2021

Counsel for Appellants: Mr. Dhruv Mehta

Counsel for Respondents: Ms. Aishwarya Bhati & Mr. T. Singhdev

A Three-Judge Bench of the Supreme Court consisting of Justice L. Nageswara Rao, Justice S. Abdul Nazeer and Justice Indu Malhotra dismissed the plea of Chintpurni Medical College to be permitted for admissions of students for the year 2019-2020 owing to the gross deficiencies in infrastructure and teaching facilities.

The Appellants requested the Medical Council of India for permission to admit 150 students in MBBS course for the academic year 2019-2020. The Board of Governors in supersession of Medical Council of India rejected the request on 21.05.2019. The Appellants filed a Writ Petition in the High Court of Delhi questioning the correctness of the proceeding dated 21.05.2019. The High Court dismissed the Writ Petition by its judgment dated 09.12.2020. This Appeal is filed challenging the said judgment.

The main contention in this case is to whether allow the Appellant College to admit students for the academic year of 2019-2020. Renewal of permission for admission of 150 students for the academic year 2015-2016 was rejected after an inspection was conducted and it was found that there were gross deficiencies of infrastructure, clinical material, teaching faculty and other physical facilities. The first Respondent accepted the recommendations of the Medical Council of India and rejected the request of the Appellant College to grant renewal of permission for admissions for the academic year 2015-2016 by its letter dated 15.06.2015. On 16.12.2015 physical assessment for grant of recognition was carried out. Another physical assessment was held on 25/26th February, 2016 as there were allegations against the first Appellant-College relating to arranging fake faculty doctors, residents, patients etc. only for the purpose of Medical Council of India’s assessment. It was decided by the Medical Council of India to conduct another surprise physical inspection.

The Medical Council of India recommended to the Central Government that the first Appellant-College should be debarred for two years i.e. 2017-2018 and 2018-2019 from admitting students and to encash the bank guarantee furnished. In the meanwhile, students who were admitted in the first Appellant-College during the years 2011-2012, 2014- 2015 and 2016-2017 were shifted to other colleges. Thereafter, the first Appellant requested the Medical Council of India to permit admission of 150 students in the MBBS course for the academic year 2019-2020. The Medical Council of India rejected the request of the first Appellant College.

This Court observed that “We find no merit in the contention of the Appellants that the Medical Council of India committed an error in not permitting admission of students for the academic year 2019-2020. Having found that the request made by the Appellants for permitting MBBS course for the academic year 2019-2020 had become infructuous, the High Court rightly considered the entitlement of the Appellant-College for the academic year 2020-2021. In accordance with the time schedule fixed in respect of permissions to be granted to the medical colleges for admission to students, the last date for granting permission for the academic year 2020-2021 was 31.08.2020. As per the schedule an application for renewal of permission should have been made by the Appellants on 07.07.2020. We find no fault committed by the High Court in refusing permission to the Appellant-College for making admissions for the academic year 2020-2021.” (Para 15)

It was concluded that ”We are in agreement with the High Court that the Appellant-College is a recognised College and that it is open to the second Respondent to take appropriate steps under Section 19 of the Indian Medical Council Act. As the recognition was for a period of five years which ends in the year 2021, it is open to the Appellants to apply for renewal of the recognition. Any application preferred by the Appellants shall be considered in accordance with law by the second Respondent. We make it clear that the Appellant-College shall be entitled for admissions for the academic year 2021- 2022 only if renewal of the recognition is granted to the first Appellant-College and it is found that there are no deficiencies like infrastructure, clinical, teaching faculty and other facilities.” (Para 16)

The appeal being devoid of any merits was been dismissed.

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Risikesh Dhanaki