Medical Colleges cannot run with Stay Orders: HC denies relief to Mahavir Institute of Medical Sciences
Hyderabad: Refusing to grant any interim relief to the Mahavir Institute of Medical Sciences (MIMS), the Telangana High Court bench on Wednesday clarified that medical colleges cannot run with the help of stay orders.
Although the bench denied any interim relief regarding the cancellation of 150 MBBS and 39 PG medical seats, it directed the National Medical Commission (NMC) to take a call on the appeal filed by the college within the time frame mentioned under the NMC Act.
Besides, the bench comprising of Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili clarified, "The college can approach this court if it suffers any adverse order at the NMC committee."
"The NMC will adjudicate the matter and pass an appropriate order uninfluenced by the observations made here," it added.
Medical Dialogues had earlier reported that following the order of the Medical Assessment and Rating Board (MARB) of NMC, which had cancelled admission in the MBBS and PG medical seats in the Institute, MIMS had approached the High Court seeking directions upon the NMC so that no coercive action is taken against the institute during the pendency of the statutory remedies available to the institute.
Alleging 'unilateral cancellations' on the part of NMC, the counsel for the institute, Senior attorney D Prakash Reddy had argued that the MARB, which had imposed the cancellation, can only make recommendations for revoking the permit and it cannot immediately impose cancellations.
However, the counsel for NMC, Gorantla Sriranga Pujitha, argued that during the surprise inspection, the team of the Apex Medical Body had come across major deficiencies in the Institute. Such deficiencies included the fact that there was only 10% bed occupancy in the attached hospital instead of the required 75%.
Referring to this, the NMC counsel submitted before the HC, "There is 50% faculty deficiency. That is the reason why the NMC invoked penal provisions in respect of this college."
As per the latest media report by the Times of India, while considering the matter on Wednesday, the HC bench addressed the prayer of the Counsel for the College of restraining NMC for some time and opined that NMC is an independent body and can pass orders independently.
Apart from denying any interim relief, the bench also refused to pass any order directing the Apex Medical Body for allowing an advocate of the Institute to present their case before the Commission.
Disposing of the plea, the bench noted, "The college administrators know the facts of the case and they can very well present it before the NMC."
Recently, after conducting a surprise inspection, NMC cancelled MBBS and PG medical admissions in three private medical colleges in the State resulting in a huge decrease in the total number of seats.
While MBBS and postgraduate courses has been cancelled at MNR Medical College and Hospital, Sangareddy, in the case of Mahavir Institute of Medical Sciences, Vikarabad, the Apex Medical Regulator has cancelled the PG medical seats. Apart from this, TRR Institute of Medical Sciences, Patancheru has lost its letter of permission for the first renewal and second batch of admission.
Such a decision has been taken by the Apex Medical body on the basis of the surprise inspection conducted by the team on March 30, 2022. Although NMC did not act on the inspection reports before admission into UG and PG courses were being conducted until May first week, it cancelled the admissions on May 19 after the process was completed.
