No Relief to GR Medical College, HC Upholds NMC's Denial of Permission, Allows Transfer of Students to Other Institutes
Karnataka High Court
Bengaluru: Dismissing the plea by G.R. Medical College Hospital and Research Centre, Mangalore, the Karnataka High Court recently upheld the National Medical Commission's (NMC) denial of renewal of permission for its 150 MBBS seats for the academic year 2022-2023.
Since the NMC disapproved the proposal seeking permission for a second batch during the academic year 2022-2023, the admissions of 150 MBBS seats during the academic year 2022-2023 were declared illegal.
Apart from upholding the NMC decision, the HC bench comprising Justices P S Dinesh Kumar and T G Shivashankare Gowda also allowed the government's decision to transfer those students to other medical colleges across the State of Karnataka.
"Admittedly, 150 students were admitted for 1ST year MBBS course for the academic year 2021-22. The permission for renewal has been disapproved by the NMC for the academic year 2022-23. This would place the career of the students enrolled in petitioner-College in jeopardy. Hence, no exception can be taken to the State Government’s action in re-locating the candidates in different colleges in the State to enable them to pursue their next academic year," noted the Court.
The controversy involving the GR Medical College started when students were admitted to 150 MBBS seats during the academic year 2022-2023. Medical Dialogues had earlier reported that writing to the Health and Family Welfare Department, the Medical Assessment and Rating Board (MARB) of NMC had informed that the college was granted permission for the establishment in 2021-2022 with an annual intake of 150 MBBS seats.
However, the Commission reportedly disapproved the proposal seeking permission for a second batch during the academic year 2022-2023. NMC issued the disapproval based on the assessment of the medical college by MARB on September 5 and September 6, 2022. However, despite the NMC disapproval, the college allegedly admitted students.
Addressing this issue, NMC had earlier informed the Health and Family Welfare Department, "However, the college illegally and arbitrarily admitted 150 MBBS students for 2022-23 without valid permission."
Last year, altogether 99 students of the medical college approached the Karnataka High Court and sought direction for the issuance of registration numbers to appear in the examination scheduled to commence on October 31, 2023. Further, they also sought to be transferred to any government medical college to be able to continue their studies. The petitioners stated that they were allotted seats in second mop-up round for the academic year 2022-2023 and since GR Medical College was in the seat matrix, they believed that the college had all the required approvals from the NMC.
While considering the matter, the Karnataka HC bench had earlier asked the Director of Medical Education (DME) to temporarily transfer the first-year MBBS students of the medical college to other private medical colleges in the State to help them appear for the examination that is scheduled to be held next week. The bench had asked the authorities to ensure that the process of redistribution of students should be completed by October 03, 2023.
Further, the bench observed that it was apparent that a serious error was committed in permitting the admission of the petitioners to the college which lacked the required permission at that time to continue with the admission.
Meanwhile, G.R. Medical College had also approached the HC bench and challenged the disapproval of renewal of permission for 150 1st year MBBS seats for the academic year 2022-2023. The college also challenged the transfer of 150 students to different Medical Colleges in the State.
The main grievance of the college was that the inspection was conducted during the Onam festival and it was in violation of Regulation 8(3)(1) of the establishment of Medical Colleges Regulation, 1999. It was submitted by the college that NMC rejected the permission for renewal on 26.10.22, then it also rejected the appeal by the medical college. Thereafter, the Government of India also refused to consider the second appeal. The KEA notified the commencement of the first round of counselling on 04.08.2023 without including the petitioner's Medical College.
On the other hand, the counsel for the State and the Central Government supported State Government's proposal and approval by the Central Government to transfer students to different colleges in Karnataka.
While considering the question if the NMC inspection was in violation of Regulation 8(3)(1), the bench perused the concerned regulations that mentioned, "However, the office of the Council shall ensure that such inspections are not carried out at least 2 days before and 2 days after important religious and festival holidays declared by the Central/State Govt."
The Court noted that the NMC's stand was that as per the above Regulation, the inspection must be avoided two days before and two days after any Holiday declared by the Central or State Government.
At this outset, the bench noted, "The inspection was conducted on September 5 & 6, 2022 and no Holiday was declared either two days prior or two days after the inspection."
"Annexure-G is the Notification issued by the State Government containing the list of General Holidays sanctioned by the Government for the year 2022. As per the said Notification, Onam is not declared as a Holiday. No other material is placed on record to establish that there was any holiday declared by the Central or State Governments during the relevant period. Therefore, Medical College’s contention that inspection was contrary to Regulation 8(3)(1) is untenable. Accordingly, we answer point No.(i) in the negative," observed the Court as it opined that there was no violation of the regulations.
The Court also considered the question of whether reasonable opportunity was provided before passing the order of disapproval. The bench perused the notice dated October 11, 2022 through which the college was asked to submit its explanation in respect of the deficiencies.
Therefore, the bench held that the college was given reasonable opportunity and noted,
"The Medical College has also placed on record, Annexure-L, the reply dated October 13, 2022 to the show-cause notice. It is averred in para 18 of the writ petition that pursuant to Medical College’s reply, a virtual hearing was scheduled and an appearance was made on behalf of the college during the hearing. The details of the hearing is also averred in para 19 of the writ petition. Thus, we hold that reasonable opportunity was provided to the Medical College and we answer point No.(ii) in the affirmative."
It was observed by the Court that the renewal of the petitioner's college for the academic year 2022-2023 was based on the inspection conducted by the NMC on September 5 & 6, 2022. The court recorded the show-cause notice issued to the college and noted that a virtual hearing was conducted and the College had participated in it.
Further, the bench addressed the contention of the medical college that the college argued that NMC had failed to note that the institution had celebrated the Onal function on September 03, 2022 and the college had declared September 05, 2022 as Holiday for staff. According to the College, the Hearing Committee had arbitrarily refused to consider College’s explanation.
However, the college opined that the whole contention urged by the medical college was untenable because, Regulation 8(3)(1) speaks about Holidays declared by Central and State Governments.
"We may further record that the Medical College is seeking to muster support on technical argument that it had declared a Holiday and therefore, the inspection report is vitiated which is a self serving assertion. In view of our finding that the plea with regard to Holiday is untenable, the contention with regard to Holiday and Regulation 8(3)(1) must fail. The NMC has clearly recorded the deficiencies found during the inspection, in para 2 of the show cause notice dated October 11, 2022, which include deficiency of Teaching Staff by 71%, deficiency of resident Doctors of 79%, OPD attendance of only 30%, Bed occupancy of 10% etc. The very Regulation 8(3)(1) upon which the Medical College has placed reliance, makes it clear that renewal of permission for that academic year shall not be considered if the deficiency in different parameters is less than the percentage mentioned therein," noted the Court.
The Court also noted that along with the reply to the show-cause notice, the college submitted an explanation regarding the deficiencies pointed out by NMC.
"A careful reading of the same shows that the Medical College has attempted to attribute the deficiencies to the Holiday said to have been declared by the Medical College. Thus, there is no denial of deficiencies. NMC is a statutory authority and is vested with the power of Regulation," the Court noted at this outset.
"There is no dispute with regard to NMC’s power to Regulation. For reasons recorded hereinabove, we have held that reasonable opportunity was given to the Medical College. It is also not in dispute that there is no denial with regard to the deficiencies pointed out by the NMC except an explanation that the Medical College had declared Holiday," noted the Court.
"Therefore, in our view, no ground is made out for exercise of extraordinary jurisdiction under Article 226 of the Constitution of India and accordingly, we answer point No. (iii) in the negative and against the Medical College," it further noted while denying relief to the college.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/karnataka-hc-gr-medical-college-229892.pdf
