NMC board can Stop but cannot cancel MBBS, PG Medical admissions: Rajasthan HC

Jodhpur: While considering a bunch of appeals by medical colleges, whose permission for admission in medical seats was cancelled by the National Medical Commission (NMC), the Jodhpur bench of Rajasthan High Court recently held that even though the Medical Assessment and Rating Board (MARB) can stop admissions in medical colleges, it lacks the jurisdiction for cancelling admission already granted.

"Section 26(1)(f) of the Act of 2019 does not speak for cancellation of admissions already granted and, therefore, prima facie it appears that MARB lacks authority to issue cancellation of admissions," noted the HC bench comprising of Justice Vijay Bishnoi.

Medical Dialogues had earlier reported that the Rajasthan High Court was considering the question if the Medical Assessment and Rating Board (MARB) of the National Medical Commission (NMC) has the authority to cancel admission of students in various undergraduate and postgraduate medical courses.

Such a crucial question came up for consideration before the HC bench when several medical colleges approached the Court and challenged the recommendations made by MARB of NMC for withdrawal of letter of permission, and cancellation of admission in the UG and PG courses for the academic year 2021-2022 via letters dated 14.04.2022 and 18.04.2022.

Also Read: Can NMC board cancel MBBS, PG medical student admission? Rajasthan High Court to decide

At that time, the HC bench had also offered an interim relief to the petitioner institutes and students. The court had mentioned in its order dated 28.04.2022, "In the meantime, admissions already granted to the students in various under-graduate or post-graduate courses in the petitioner–institutions for the session 2021-22 shall not be cancelled and the students already admitted shall be allowed to pursue their studies in the respective petitioner–institutions till the next date."

Geetanjali Medical College and Hospital was one of the petitioner institutes. Established in 2007, the institute was granted permission by the erstwhile Medical Council of India for admitting 150 students in the MBBS course back in 2008. This recognition granted by MCI was valid up to the year 2023.

Consequently, the permission for MBBS seats increased from 150 to 250 back in the year 2019. Following this, the institute sought permission for increasing in intake of seats for PG Course for the academic session 2021-22, however, permission was given to increase in the intake for few seats and not for all the seats as applied.

Apart from this, the Board had withdrawn permission earlier granted for the increase of seats in PG medical courses and Super Specialty courses. Besides, MARB further recommended to NMC to cancel the recognition for the college including undergraduate, postgraduate-broad and super-specialty courses.

Following this, the Institute approached the HC and assailing the validity of the impugned orders/letters, learned counsel for the petitioner-institutions argued that as per Section 26 of the Act of 2019, the MARB is empowered to perform certain functions, however, it is not empowered to cancel the admissions of the students in various courses and is also not empowered to issue directions for stoppage of admissions.

It was further submitted by the Institute that as per Section 28 of the Act of 2019 and as per the Medical Council of India Establishment of Medical College Regulations, 1999, which are enforceable by virtue of Section 61 of the Act of 2019, the MARB is required to provide opportunity to the petitioner-institutions to rectify the deficiencies before passing the impugned orders/letters.

The counsel also referred to clause (f) of Sub-Section (1) of Section 26 of the Act of 2019 and contended that MARB can take measures such as issuing warning, imposition of monetary penalty, reducing intake or stoppage of admission and recommending to the Commission for withdrawal of recognition of an institution for failure to maintain minimum essential standards, however, before imposing harsh penalty, restricting the admissions or recommending for withdrawal of recognition, the MARB is required to adopt the alternative method of imposing monetary penalty.

"...as the petitioner institutions were found not meeting the minimum essential standards, as per impugned orders, it is not in the interest of any one to allow the petitioner-institutions to fill the remaining P.G. seats."