NMC vs Pacific Medical College: MBBS Students Facing Uncertainty as HC stays Ruling on additional Seats

Jodhpur: MBBS Students, who were admitted to Pacific Medical College, Bhilo ka Bedla this year, are facing uncertainty regarding their future as a Division bench of the Rajasthan High Court has now overturned an earlier order of the High Court allowing an increase of MBBS seats at the institute.

However, the HC bench comprising Justices Shree Chandrashekhar and Rekha Borana clarified that the students who have already deposited the fee with the Counselling Board, shall be at liberty to pray for a refund of the same and if any such prayer is made, the appellants/Counselling Board shall be under an obligation to refund the same with immediate effect.

"Further, the said students shall also be at liberty to pray for admission to the other colleges as per their merit if any vacancy still exists in any college within the approved intake and the appellants may consider their request and accommodate them if they fall in merit," observed the HC bench.

NMC had challenged the HC order dated 08.10.2024 through which the HC had granted an increase of 100 MBBS seats at Pacific Medical College. Medical Dialogues had earlier reported that after the HC's order, the National Medical Commission (NMC) had issued a notice and increased MBBS seats at the institute.

However, at that time, the Apex Medical Commission had also informed that it had filed a Second Appeal before the Division Bench of the High Court and the matter was pending before the High Court bench.

Also Read: NMC Permission to Bhongir Medical College for 50 MBBS Seats

Pacific Medical College was granted permission for 150 MBBS seats for the academic year 2014-2015. Last year, it applied for an application on 16th September 2023 for an enhancement of intake capacity from 150 to 250. Although the application was rejected at the first instance through the order dated 03.04.2024, the same was later withdrawn through the letter dated 13.05.2024.

In response to the application dated 16.09.2023, a showcase notice was issued to the college on 17.05.2024 seeking self-assessment in terms of the Regulations of 2023. Consequently, the college submitted the self-assessment report on 27.05.2024.

However, before taking any decision on the application for enhancement of seats, the college was served with a show-cause notice on 30.05.2024. It had been directed to explain as to why the existing number of seats should not be reduced from 150. The said notice was served on basis of the report of experts who were nominated for evaluating the annual declaration form, virtual recording of examination and AEBAS report.

The experts’ report pointed out several deficiencies and after considering the reply as furnished by the College to the said notice and hearing the College virtually, the renewal of 150 seats was granted to the respondent-College subject to a deposit of a fine of Rs.6,00,000/- (Rupees Six Lacs only) with a condition that the reassessment of the College would be carried out after two months and if the deficiencies were found to exist then stringent action would be taken.

Therefore, a penalty was imposed on the college for deficiencies even for 150 seats and at the same time, because of the faculty deficiency found to be existing in 11 departments and resident deficiency in 10 departments, through an order dated 29.06.2024, the application of the college for enhancement of seats was rejected.

Aggrieved by this order, the college filed a plea before the HC, which allowed its petition on 08.10.2024. The counsel for the Government argued that the plea could not have been allowed because a first appeal against the order dated 29.06.2024 had already been preferred before the First Appellate Authority which remained pending and during the pendency of the first appeal, the plea was filed. The ASG submitted that two parallel remedies could not have been availed by the college.

The ASG pointed out that after filing of the plea on 20.06.2024, the first appeal was decided on 05.08.2024. Despite this, the plea was not amended and therefore, the plea could not have been entertained to the extent of the challenge to the order dated 05.08.2024.

Referring to the materials, the ASG further submitted that the college was not able to cater to the required essentials even for 150 seats and therefore, could not have been granted permission for the enhancement of seats to 250.

On the other hand, the counsel for the Trust and the college submitted that the application for enhancement of seats was wrongly rejected while taking into consideration the faculty position between the period from 1st January 2024 to 29th February 2024 whereas it ought to have been considered on the date when the counselling for the seats was to commence i.e. August 2024.

The counsel argued that even the attendance of faculties was considered from the period of 20th May 2024 to 20th June 2024 and that too only of those faculties who had more than 75% attendance whereas the same also ought to have been considered either on the date of counseling or on the date of decision of the appeal by the first appellate authority.

The ASG contended these arguments and further submitted that as of date no student over and above 150 seats has been admitted to the College and even the regular classes for the current session have not yet commenced therefore, no right of any student would be affected.

After considering the arguments, the Division bench of the HC noted that

"It is prima facie clear from the records that there were faculty as well as resident deficiencies qua even the existing capacity of 150 seats in the respondent-College for which even a fine of Rs.6,00,000/- was imposed. The said fact has even been taken note of by the learned Single Judge while observing that had the college been granted time to cure the deficiencies, it could have done so."

"The faculty position has to be considered prior to the months when the college applied for enhancement of seats. The application for enhancement of seats was filed by the respondent-College on 16th September 2023 and, as per Clause 3.2 of the Regulations of 2023, it was mandatory for the College to have at least 75% attendance of the total working days (excluding vacations) for all faculties and resident doctors. But the attendance was admittedly deficient even qua the existing capacity of 150 seats. The subsequent appointment of the faculties/residents could have been of no avail for the purposes of the application filed on 16th September 2023," it further observed.

Therefore, the HC bench opined that once the college was found with deficiencies for 150 existing seats, the grant of time to cure the defects for enhanced capacity of 250 seats could not even have been considered.

"The balance of convenience also does not lie in favour of the college. It is admitted on the record that as of date, no final admission has been granted to the students and neither has the regular session commenced. Therefore, it cannot be held that any legal right in favour of any student has accrued which deserves protection as of date. No legal right of any student can be said to have been violated," the bench further observed. 

It also clarified that an enhancement of seats as prayed for by the college was not a statutory right which deserved to be granted mandatorily.

"So far as the permission granted to the other colleges is concerned, prima facie it seems that the said permission was for opening of new colleges with intake capacity of 100 seats and were not the cases of enhancement of seats. No parity with the said colleges can therefore be claimed by the respondent-College," noted the Court.

Accordingly, the bench stayed the HC order dated 08.10.2024 and ordered,

"In the overall circumstances and the peculiar facts of the present matter, we do find a prima facie case in favour of the appellants and hence, the effect and operation of the order dated 8 th October 2024 shall remain stayed till further orders. However, the students who have already deposited the fee with the Counselling Board shall be at a liberty to pray for refund of the same and if any such prayer is made, the appellants/Counselling Board shall be under an obligation to refund the same with immediate effect. Further, the said students shall also be at liberty to pray for admission to the other colleges as per their merit if any vacancy still exists in any college within the approved intake and the appellants may consider their request and accommodate them if they fall in merit."

Careers 360 has reported that by the time the HC Division Bench stayed the previous order, all but one of the UG medical seats at the medical college were filled. Amid such a situation, even though the State authorities are claiming that the verdict effectively cancels these candidates' enrolment, the college insists that since it had already admitted the students by the time the judgment was passed, it can't affect the students.

Commenting on this, the principal of Pacific Medical College Udaipur, Dr. Madan Mohan Mangal told the Daily, "The division bench only said that if the students want to cancel their admission, they can get a fee refund. Our admissions are already done, and no one has asked for a refund. The court hasn't cancelled admissions, which were already over by November 4. We have already begun our classes. Where will these students go now?"

"The admission was conducted by NMC-recognised state counselling board, and they only collected the fees. We are in no position to either admit students or remove them. Why were they admitted in the first place? It's a legal issue, which will continue in the courts. NMC needs to decide what it wants to do about the admitted students. Much water has flown under the bridge since the court considered the status of admission on October 23," he added.

Parents also informed the Daily that the college has assured them that their admissions were safe. "We thought that since it was the court which had allowed additional seats, and that such issues eventually get resolved, we decided to accept the seat. We are now completely in the dark. The college and the board must find a solution, or else our kids' future will be uncertain," said the mother of a student admitted through the management quota.

To view the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/nmcvspacific-medical-college-260769.pdf

Also Read: NMC Increases MBBS Seats at 2 Rajasthan-based Medical Colleges After HC Order