NMC MARB Cannot Retrospectively Cancel Medical Admissions: Rajasthan HC

Jodhpur: While considering the pleas challenging the Medical Assessment and Rating Board's (MARB) decision to cancel UG and PG medical admissions in four medical colleges in Rajasthan, the High Court bench ruled that the MARB of the National Medical Commission (NMC) does not have the authority to cancel admissions of students into medical colleges retrospectively.

The bench comprising Justice Arun Monga opined that although MARB can recommend reducing the future intake capacity of medical institutes that consistently fail to meet the minimum standards, it does not mean that intake can be reduced retrospectively or admissions once granted can be stopped retrospectively.

"Statutory words "reducing intake or stoppage of admissions" in sub section 26(1)(f) cannot be interpreted to mean that intake can be reduced retrospectively or admissions once granted can be stopped retrospectively. For, that would result in consequences fraught with danger and play havoc with the career of students, who are otherwise meritorious in all respects," opined the HC bench.

"What has been done cannot be undone, but yes, it must be stopped forthwith, if situation so warrants, to avoid perpetuity in future. MARB, no doubt, is thus vested with the power to disallow/stop admissions, but only prospectively. As regards action, contemplated if any, qua the past, it is only National Medical Commission, which is vested with such a power, if at all, provided it accepts the recommendations of MARB given under sub section (2), but that too, by way of a separate speaking order, after applying its independent mind," it explained.

These observations were made by the HC bench while considering the pleas filed by four private medical colleges. MARB, an autonomous board set up under the supervision of NMC, cancelled the admissions of students in undergraduate (UG) and postgraduate (PG) courses in these institutes due to alleged deficiencies in infrastructure and faculty.

Issuing the orders dated 14.04.2022 and 18.04.2022, MARB had withdrawn the letter of permission (LOP) for UG and PG courses in the said colleges for the academic session 2021-2022. Consequently, it also cancelled the admissions granted to students in those medical colleges. MARB also recommended to NMC for cancellation of recognition granted to these medical institutes. These orders were challenged by the medical colleges and their students.

The court noted that MARB issued a show-cause notice dated 21.03.2022 and categorically mentioned: "why the commission should not levy penalties over the College, withdraw the Letter of Permission granted for increased MBBS seats 150 to 250 MBBS seats, be stopped from conducting the MBBS recognition of the increased seats".

Accordingly, the petitioner college submitted detailed reply and provided all explanations and requested MARB to compliance verification inspection as per its convenience or grant an opportunity of personal hearing if any clarification is required. However, allegedly, the reply to the show cause notice was not considered while passing the impugned order and it was further argued in the plea that there was no reason assigned by MARB in its order for dissatisfaction on the petitioner's reply.

It was further alleged that while passing the impugned order, MARB also cancelled admissions upon the recognized seats without any authority.

The petitioners further argued that MARB should have considered imposing monetary penalties before resorting to severe measures like cancelling admissions or recommending withdrawal of recognition, as per Section 26(1)(f) of the 2019 Act.

On the other hand, MARB submitted that fresh surprise inspections were conducted in August 2023, based on an interim order issued by the Court on 02.08.2022. It was further submitted that NMC stands by its decision to cancel LOP for AU 2021-2022 in view of the gross deficiencies which existed at that point in the colleges.

Besides, MARB also argued that Scheme of the Act and section 26 and 28, of the Act permits MARB to take all such steps as are necessary to maintain high standards of medical education in the country. Students admitted in the four medical colleges under question in the academic year 2021-22, cannot be subjected to imparting of sub-standard medical education.

While considering the matter, the HC bench referred to Section 26 of the NMC Act, 2019 and noted that "The above section thus empowers the MARB with the vital role of ensuring quality healthcare education, so paramount for the development of competent medical professionals and the delivery of efficient healthcare services. The establishment of the MARB is a pivotal step towards ensuring the adherence of medical institutions to rigorous standards and regulations. Let us now delve into the statutory powers and functions of the MARB."

Discussing the scope and powers envisaged under Section 26, the HC bench opined that MARB lacks the jurisdiction to mandate retrospective cancellation of admissions.

"Upon careful consideration of the interpretation of these sub-sections, I am firmly of the belief that the collective argument put forth by all the learned senior counsel representing the medical colleges, as well as the students, holds weight and merits acceptance i.e. the MARB lacks the jurisdiction to mandate retrospective cancellation of admissions by medical colleges/institutions," observed the bench.

"Concededly, the impugned orders have been passed by the MARB with retrospective effect putting the career and future of all the students under peril. Thereby, hanging Damocles sword on their head midstream of their medical education by leaving them high and dry," the bench noted at this outset.

Further, the HC bench observed that the other options like either burdening the colleges with monetary penalties or other punitive measures were not explored by MARB and the impugned orders were passed as "bolt from the blue". 

The Court took note of the fact that MARB did not take into account the detailed reply submitted by the petitioner in response to the show cause notice. Referring to this, the bench observed, "

This is concerning. It appears that the MARB did not fully evaluate the college's explanations and requests for a compliance verification inspection or a personal hearing. The impugned order passed by the MARB did not provide any reason for its dissatisfaction with the petitioner's reply. Such lack of transparency raises questions about the fairness of the decision-making process. To conclude on the conduct of MARB, it seems that there are valid concerns regarding the fairness and legality of the MARB's actions in this case."

Taking note of these findings, the Court made its earlier interim order absolute and quashed the MARB's decision of retrospectively cancelling admissions already granted.

"Impugned orders dated 18.04.2022 and 14.04.2022 passed by MARB in respect of all the four colleges i.e. Geetanjali Medical College and Hospital, Ananta Charitable Educational Society, Pacific Institute of Medical Sciences and American International Management Ltd. assailed in CWP No. 6068, 6069, 6349 and 9364, respectively to extent of retrospectively cancelling admissions already granted, are quashed," ordered the Court.

However, it clarified that "Pursuant to decision dated 11.05.2022, (referred in para-7 of judgment), those of the students who have been adjusted in other colleges shall continue to study in the same colleges and there shall be no interruption in their future continuation in the colleges alloted to them."

Allowing the NMC liberty to proceed further to consider the recommendations of the MARB made in the impugned orders, in accordance with law, the bench further mentioned in the order,

"In case the MARB/NMC subsequently finds the medical colleges to be lacking in any manner, they shall be at liberty to proceed against the erring medical colleges/institutions in accordance with law. Making of the interim order absolute shall not be construed as any shield by any medical college to not comply with the future directives, if at all need arises on the part of MARB/NMC to issue the same for imparting better medical education in the interest of students."

In the order, the court emphasized MARB and NMC's role to ensure high standards in medical education and also stressed that the regulatory bodies must adopt a pragmatic approach while considering the issues concerning renewal of permissions for existing medical colleges.

"At the same time, one ought to be mindful that grant/renewal of permissions for existing institutions is a crucial process that demands meticulous consideration. The regulatory bodies must delve into and have pragmatic approach qua the complexities surrounding the renewal of permissions for medical colleges that have been operational in the past years. These institutions, having admitted hundreds of students, play a vital role in the healthcare and education sectors. Fair and systematic approach is imperative to avoid abrupt refusals and ensure a gradual fulfillment of infrastructural and faculty requirements. The petitioner medical colleges herein are existing medical colleges/entities that have been imparting education and training to students in the medical field for a considerable period," it noted.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/rajasthan-hc-231214.pdf

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