UCMS accused of misappropriating funds by claiming to run TB and Respiratory Medicine Dept in collusion with NMC, HC junks plea

New Delhi: Finding no merit in the accusation that the University College of Medical Sciences (UCMS) was fraudulently misappropriating funds by claiming to run the Department of TB and Respiratory Medicine in collusion with National Medical Commission, NMC officials, the Delhi High Court has recently dismissed a petition. It was vehemently contended in the petition that the no such Department of TB and Respiratory Medicine is being run in the UCMS.

However, the bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad noted that the material on record indicated that the UCMS has a separate Department of Respiratory Medicine, headed by Dr Amit Kumar Verma along with other faculty members.

The Public Interest Litigation (PIL) filed by the Petitioner RK Tarun, a lawyer, sought action against NMC officials for conducting fraud inspections and submitting fabricated Inspection reports of a non-existent department of TB and Respiratory Medicine/Pulmonary Medicine at the UCMS and the associated Guru Teg Bahadur (GTB) Hospital.

The petitioner further demanded strict action against the UCMS for fraudulently claiming to run the Department of TB and Respiratory Medicine/pulmonary medicine so as to get approval from the NMC for intaking 150+ MBBS students annually. Moreover, it sought directions to the concerned authorities to take appropriate steps to prevent the misappropriation of funds by the officials of UCMS.

In the PIL, the petitioner stated that the University College of Medical Sciences (UCMS) based in Dilshad Garden, Delhi which comes under the University of Delhi and is fully funded by the University Grants Commission is fraudulently misappropriating public money being committed by the concerned officials by claiming to run Department of TB & Respiratory medicine/pulmonary medicine in collusion with the Officials of the National Medical Commission.

It was pointed out by the Petitioner that UCMS is a constituent college of the University of Delhi and it imparts various medical and paramedical courses to both undergraduate and postgraduate medical students after obtaining requisite approval from the NMC. It was contended by the Petitioner that UCMS claimed to have a full-fledged Department of TB & Respiratory Medicine/pulmonary medicine which it does not possess.

The contention of the Petitioner was that without having the requisite infrastructure, students are being admitted in the UCMS in violation of the norms laid down by the National Medical Commission (NMC).

The NMC (erstwhile Medical Council of India), filed a Counter affidavit stating that UCMS was established in the year 1971 as a medical college which is attached to Guru Teg Bahadur Hospital for teaching and training of its students. “Initially, permission was granted to UCMS for intake of 150 students and the same was increased from 150 to 170 under EWS Quota from the academic year 2019-20. UCMS is also conducting various postgraduate medical degree/diploma courses and super-speciality medical courses. As per regulations, it is mandatory for every medical college to possess a Department of Tuberculosis and Respiratory Diseases,” it pointed out.

“After the Minimum Requirements for Annual MBBS Admissions Regulations, 2020 was notified in the Official Gazette on 29.10.2020, now every college must possess a separate Department of Respiratory Medicine. UCMS had applied for renewal of recognition of MBBS seats vide letter dated 22.06.2021 and an inspection was conducted and UCMS is having a separate of Department of Respiratory Medicine,” the NMC informed the court.

The University of Delhi, in its counter affidavit dated 11.11.2022, also categorically stated that the Department of Respiratory Medicine is fully functional with 21 beds and a Professor– Dr Amit Kumar Verma has been appointed as Head of the Department along with the other faculty members.

After hearing all the parties and perusing the material on record, the High Court observed:

“The National Medical Commission (NMC) has brought out Regulations for minimum requirements which a medical college imparting education in medicine must possess which are called as Minimum Requirements for Annual MBBS Admissions Regulations, 2020. Under the said Regulations, every medical college and medical institution approved for MBBS admissions annually shall have 24 Departments wherein Department of Radiation Oncology being optional. Every medical college must have a separate Respiratory Medicine Department.”

Further, the bench noted that the Union Ministry of Health and Family Welfare has also filed its counter affidavit stating that Verma is the head of the Department of Respiratory Medicine which means the UCMS has a separate department of TB and Respiratory Medicine with Dr Verma and other faculty.

"The office order dated June 28, 2022, issued by the Office of the Medical Director, Guru Teg Bahadur Hospital, appointing Dr Amit Kumar Verma, Professor, as the Head of the Department of Respiratory Medicine with a direction to constitute a new Department of Respiratory Medicine with 21 beds has also been filed along with the counter affidavit," it said.

Ultimately, the Delhi High Court found the PIL devoid of merits and dismissed it along with pending applications.

To view the HC order, click here