New Delhi : In an unprecedented decision, the apex court has fined a medical college a huge sum of Rs 2 crore while dismissing a writ petition filed by it, on account of the fraud and deception played by medical college during inspection by projecting healthy persons as patients.
The case concerns Mahavir Institute of Medical Sciences which had submitted an application to the Medical council of India for admission to third batch (second renewal) of 150 students in MBBS Course for the academic year 2018-2019. MCI conducted inspection of the same in November 2017 and in view of the deficiencies, it was decided to recommend to the Central Government not to renew the permission for admission to third batch of 150 students in MBBS Course.
Following request for review by the college, the Government of India directed the Medical Council of India to review the request of renewal made by the Petitioner. Thereafter, a compliance verification assessment was conducted on 13.03.2018.
Following this, MCI executive committee enumerated the deficiencies some of them are enumerated below
- Deficiency of faculty is 22% as detailed in the report.
- Shortage of Residents was 42.85% as detailed in the report.
- Patients in PICU :- PICU has three patients. Two patients Swathi and Aravin have admitted with history of Chronic pain abdomen for more than 10 days. Patients with mi nor problems admitted without even as IV line in the ICCU. No coronary ailment patient is admitted in the ICCU. SICU has only routine post operative patients including tubectomy, with no complications. Nursing station not available in the SICU.
- Wards:- In Surgery ward 2 male and 4 female post op erative patients are admitted for more than 10 days with no fresh complaints. Four patients who are admit ted as inpatient have no personal belongings nor any attendant with them. They were admitted for complaints like Gastritis, vague abdominal pain and are on oral drugs. Out of 60 patients, 10 patients do not merit as teaching bed patients. Hence, teaching beds are counted as 50.
MCI again recommended disapproval and following nod from the oversight committee on the decision, the Central government also ordered that the Petitioner was not entitled for renewal of permission for admission to third batch of 150 students in MBBS Course for the academic year 2018-2019
Challenging the decision the Medical college approached the Supreme Court. The counsel for the college argued that the inspection conducted on 13.03.2018 was in violation of the Assessor’s Guide. After going through all the arguments, the bench of Justice Bobde and Justice Nageshwara Rao noted
After considering the submissions of the Petitioner and the material on record, we are of the opinion that the decision of the Government of India not to grant approval does not warrant interference. The Assessors after a physical inspection, found that a number of patients were not genuine. The Assessors were of the opinion that patients with minor ailments were admitted in the hospital. There were others who were shown as patients with no serious health condition deserving an admission in the hospital. This was done by the Petitioner with a view to get renewal for admission of students by showing that it was complying with the minimum standards. The Petitioner is guilty of deception and fraud.
The Petitioner is not entitled to any relief as he does not meet the required standards for renewal of permission for admission to third batch of MBBS students. We take serious note of the fraud played by the Petitioner in projecting healthy persons as patients in their hospital for the purpose of showing compliance of the minimum standards. We, therefore, dismiss the above Writ Petition with exemplary cost of Rupees Two Crores to be paid by the Petitioner, within a period of four weeks from today, to the Supreme Court Advocates-on-Record Welfare Trust.