No relief to medical colleges: HC Upholds NMC Order, says MARB has power to transfer MBBS students

Hyderabad: The Telangana High Court recently upheld the National Medical Commission's order of shifting the students of Mahavir Institute of Medical Sciences and TRR Institute of Medical Sciences to other medical institutes while clarifying that the NMC Act grants power to the Medical Assessment and Rating Board to transfer students from one institute to another.

"Therefore, under Section 26(1)(f) of the 2019 Act, the MARB has power to transfer the students from one institution to other institution," held the High Court bench comprising Chief Justice Alok Aradhe and Justice J.Sreenivas Rao.

These observations were made by the Court while considering a batch of pleas filed by Mahavir Institute and TRR Institute challenging the MARB's decision to withdraw the permission granted to these colleges for admission of students.

Filing these pleas, the medical colleges questioned the validity of the action of the official authorities in shifting the students to other medical colleges in the State and sought a direction to shift the students back to the two institutes.

Also Read: Telangana High Court issues notice to NMC, State over reallocation of MBBS, PG medical students

Medical Dialogues had earlier reported that following a surprise inspection, the National Medical Commission (NMC) recently cancelled MBBS and PG medical admissions in three private medical colleges in the State resulting in a huge decrease in the total number of seats. These three medical colleges include MNR Medical College and Hospital, Sangareddy, Mahavir Institute of Medical Sciences, Vikarabad, and TRR Institute of Medical Sciences, Patancheru.

NMC had taken this decision based on a surprise inspection conducted by the team on March 30, 2022. Even though NMC did not act on the inspection reports before admission into the UG and PG courses were being conducted until the first week of May, it cancelled the admissions on May 19, after the process was completed. Back then, while considering the plights of the students who had already been admitted to these medical colleges, the State Government and NMC had decided to shift the students to other medical institutes of the state.

These led to a legal battle as the colleges challenged the NMC's decision of withdrawing their recognition and also challenged the authority of MARB, NMC to transfer the students.

While considering this issue, the HC bench upheld the actions of the Board and analyzed the provisions of the National Medical Commission Act, stating that the body had the power to stop admissions and suggest withdrawal of recognition if the institute concerned failed to meet the minimum standards. 

At this outset, the Court observed that the power of MARB derived from Section 26 of the NMC Act, which pertains to the Powers and functions of Medical Assessment and Rating Board (MARB).

"From a scrutiny of Section 26(1)(f) of the 2019 Act, it is evident that the 2019 Act authorises the MARB to take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against a medical institution for failure to maintain the minimum essential standards specified by the Under Graduate Medical Education Board or the Post Graduate Medical Education Board, as the case may be, in accordance with the regulations made under the 2019 Act. The power conferred under Section 26(1)(f) of the 2019 Act is an inclusive power and therefore, the same is an extensive power," observed the bench.

"The MARB is under an obligation to take action against the medical institution for failure to maintain the minimum essential standards. The aforesaid power is inclusive in nature. Therefore, after the expression “measures”, the comma has been used. The expression “measures” is wide enough to include power to transfer the students. Therefore, under Section 26(1)(f) of the 2019 Act, the MARB has power to transfer the students from one institution to other institution. Therefore, the contention that the MARB is denuded of the power to transfer the students, is misconceived and does not deserve acceptance," it further clarified.

Apart from this, the bench also noted that MARB has withdrawn the permission for admission of the students to the institutions and has not withdrawn the recognition granted to the institutions.

"Therefore, the contention that the MARB has no power to withdraw the permission for admission of the students is misconceived," the bench highlighted.

The bench also observed that in exercise of its power under the NMC Act, the Commission framed 2023 Regulations, which do not have any retrospective application do not apply to the fact situation of the case. "Therefore, the contention that under the Regulations, the MARB has no power to transfer the students is misconceived," it held.

Besides, the court also noted that the students admitted to the institutes are studying in 13 different college situation in Telangana since 07.09.2022 and they have completed two year three months of MBBS course in those institutes.

"In all, 300 students were reallocated to 13 different medical colleges. Out of 300 students, only 60 students have come forward seeking their transfer back to TRR Institute of Medical Sciences and the Mahavir Institute of Medical Sciences. It is pertinent to note that the petitioners have failed to implead the 13 medical colleges to which they have been admitted in these writ petitions. It is also noteworthy that majority of the students, namely 240 students in number who are prosecuting their studies in 13 different medical colleges in the State of Telangana, are not before us. It is worth mentioning that the petitioners in W.P.No.14011 of 2023 were admitted to Post Graduate course in different medical colleges of the State of Telangana. The aforesaid students would complete their course in February, 2025," noted the Court.

Accordingly, the bench held that the relief sought by the institutes seeking repatriation of the students to TRR Institute of Medical Sciences and the Mahavir Institute of Medical Sciences cannot be granted.

Regarding the pleas filed by the students, the Court mentioned that the students were at liberty to approach the competent authority seeking refund of the fee. With this observation, it dismissed the plea filed by the institutes and disposed of the petitions moved by the students.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/telangana-hc-transfer-of-students-268501.pdf

Also Read: Telangana HC refuses to stay reallocation of MBBS students to other medical colleges