HC Stays NMC Order to halt MD Radiation Oncology Admissions at GMCH Nagpur, Lauds AIIMS for Helping institute

Nagpur: Granting relief to the Government Medical College and Hospital (GMCH), the Nagpur bench of the Bombay High Court recently stayed the National Medical Commission's (NMC) order of halting admissions to five seats in the MD (Radiation Oncology) course.

The Apex Medical Commission had halted the admissions due to infrastructural deficiencies such as a non-functioning Brachytherapy machine and the absence of a linear accelerator, which was under procurement.

However, an HC Division bench comprising Avinash G. Ghatore and M.S. Jawalkar stayed the NMC order after taking note of the ongoing efforts to install the essential medical equipment to run the MD course.

Further, the HC bench also praised AIIMS Nagpur for its vital role in retaining these seats by offering joint educational activities by signing a Memorandum of Understanding (MoU) with GMCH, Nagpur. 

As per the terms of the MoU, the students admitted in the course of MD Radiation Oncology to the five seats in GMCH would be provided joint teaching activities in Radiation Oncology with regular seminar, conferences, CME, Journal clubs etc. 

"It is not disputed, that AIIMS, Nagpur has a Linear Accelerator and HDR Barchytherapy Unit, which would take care of the requirements of the National Medical Commission (NMC) in that regard," noted the HC bench.

The HC bench noted that the erstwhile Medical Council of India, now NMC, granted permission to run the PG Diploma in Radiology at GMC Nagpur based on the HC's order in the case of Dr. Krishna Marotirao Kamble Vs. MCI. Consequently, the recognition for these courses was continued from time to time, which was also reflected from the letter of permission dated 10.09.2022.

However, the NMC through an order dated 05.04.2024 indicated the stoppage of admission of students to these seats. The Commission halted the admissions based on the ground of non-availability of essential equipment, which comprising of Brachy Therapy Machine, which was claimed to be not functioning and the linear accelerator, which was under procurement.

While considering the matter, the HC bench observed that the Brachy Therapy Unit was likely to be installed within a couple of months and the process of installing the linear accelerator was also underway. Considering these factors, the Court stayed the NMC order of halting admissions.

"In view of the orders passed by this Court in the recent past, the Brachy Therapy Unit is likely to be installed within a couple of months and the process for installation of the linear accelerator is also under process, in view of which and considering the order dated 21.06.2017, we hereby grant stay to the order dated 05.04.2024, passed by National Medical Commission, since it is not disputed that in view of the earlier order dated 21.06.2017, students have been admitted in the first year of the three year course of MD (Radiation Oncology)," the HC bench stated in the order dated 28.08.2024.

It also clarified that

"...in view of the stay, it would be permissible for the GMC to continue to grant admission for the first year MD (Radiation Oncology Course) with the GMC. Since the process of installing the machine is underway, it would be appropriate for the GMC to have a tie up with AIIMS or NCI and Rashtrasant Tukdoji Cancer Institute for ensuring the experience as is required to be imparted to the students for the interim period. This shall be reported to this Court by 04.09.2024."

During the court proceedings on Friday, the HC bench took note of the State Counsel's submissions regarding the installation report. Further, the State Counsel submitted that it would be operational within a period of one week.

Meanwhile, the counsel for AIIMS also submitted a statement clarifying that a MoU has been entered between the GMCH, Nagpur and AIIMS Nagpur under the terms of which the students admitted in the course of MD Radiation Oncology to the five seats in GMCH would be provided joint teaching activities in Radiation Oncology with regular seminar, conferences, CME, Journal clubs etc.

It is not disputed, that AIIMS, Nagpur has a Linear Accelerator and HDR Barchytherapy Unit, which would take care of the requirements of the National Medical Commission (NMC) in that regard, noted the Court.

Praising AIIMS Nagpur for help retaining these seats, the HC bench noted,

"We appreciate the facility accorded by the AIIMS, Nagpur to the aforesaid students of the GMCH, Nagpur which would result in saving five MD Radiation Oncology seats in GMC. We understand that this arrangement is in pursuance to the order of this Court dated 28.08.2024. She has also placed on record that a willingness to grant an according facility has also been expressed by the NCI, Nagpur." 

The matter has been listed for further hearing on 05.09.2024.

Medical Dialogues had earlier reported that the NMC Postgraduate Medical Education Board (PGMEB) had halted the admissions to MD seats in Radiation Oncology at the institute for the academic year 2024-2025. NMC stopped the admissions after highlighting that the Department of Radiotherapy in the institute does not have adequate essential equipment.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/nagpur-hc-250392.pdf

https://medicaldialogues.in/pdf_upload/nagpur-hc-aiims-250393.pdf

Also Read: Lack of Essential Equipment: NMC Halts Admission to MD Radiation Oncology course at GMCH Nagpur