Permission granted for admission for the academic year 2019-2020 is based on a statement made on behalf of the State of Jharkhand that the deficiencies pointed out by the MCI have been removed. It is clear that gross deficiencies still exist in spite of the affidavits and undertakings filed on behalf of the State of Jharkhand. No action has been taken to improve the situation. The State Government is directed to rectify all the deficiencies that have been pointed out by the MCI at the earliest and make an application for renewal of permission for admission of the second batch of MBBS students for the academic year 2021-2022. (Para.21)
DUMKA MEDICAL COLLEGE, DUMKA & ANOTHER V. BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA & ANOTHER
Writ Petition (C) No.932 of 2019 with Writ Petition (C) No.945 of 2019, Writ Petition (C) No.970 of 2019 and Writ Petition (C) No.72 of 2021
Decided on February 16, 2021.
A two-judge bench comprising of Justice L. Nageswara Rao and Justice Krishna Murari decided the present case. The Court dismissed all the writ petitions and directed the State Government to rectify all the deficiencies pointed out by the Medical Council of India (MCI) and to make an application for renewal of permission for admission of the second batch of MBBS students for the academic year 2021-2022.
In Writ Petition No.932 of 2019 along with Writ Petition (C) No.945 of 2019 and Writ Petition (C) No.970 of 2019, the facts state that the Government of Jharkhand filed an application for permission to establish a new Medical College at District Dumka, Hazaribagh and Palamu. The MCI implemented a physical assessment, and during the inspection, they found many defects and deficiencies. The MCI called the Dean and the executives of the colleges to the hearing, for which there was no attendance.
The MCI gave the colleges 30 days to rectify the deficiencies. After repeated directions, not all deficiencies were rectified by the colleges, which led to the MCI disapproving the permission for admitting the second batch of MBBS students for the academic year 2020-202.
Following which the students who appeared in the NEET Examination held on 17th September 2020 filed another Writ Petition No.72 of 2021 before the Supreme Court after being aggrieved by the decision given by the MCI to not grant approval for admissions to the three Medical Colleges in the State of Jharkhand at Districts Dumka, Hazaribagh and Palamu.
The Petitioners contended that 300 seats out of 580 medical seats in the State of Jharkhand are allotted to the three Medical Colleges at District Dumka, Hazaribagh and Palamu and if permission is not granted to the Colleges for making admissions for the academic year 2020-2021, the chances of the Petitioners pursuing medical course would reduce. Further, the Petitioners also prayed that they should be permitted to participate in the counselling and admission process for Dumka, Palamu and Hazaribagh Medical Colleges.
The Court observed:
Establishment of Medical Colleges at Dumka, Palamu and Hazaribagh was an initiative taken by the State of Jharkhand to bolster the availability of medical seats in the State which would increase the number of Doctors in the State. However, a perusal of the facts mentioned above would show that not much interest has been taken by the State in ensuring that the necessary faculty, infrastructure and other facilities are improved. (Para 20)
The Court stated:
It is clear that gross deficiencies still exist in spite of the affidavits and undertakings filed on behalf of the State of Jharkhand. No action has been taken to improve the situation. The State Government is directed to rectify all the deficiencies that have been pointed out by the MCI at the earliest and make an application for renewal of permission for admission of the second batch of MBBS students for the academic year 2021-2022. (Para 21)
The Court dismissed all the Writ Petitions.
View/Download Judgment: DUMKA MEDICAL COLLEGE, DUMKA & ANOTHER V. BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA & ANOTHER
Utkarsh Kumar Jayaswal
