SC upholds 2018 MCI denial to 8 medical colleges in 3 states, says adhering to NMC norms must for setting up medical colleges
New Delhi: The Supreme Court has recently held that States are bound to adhere to the standards prescribed by National Medical Commission (NMC) regarding infrastructural facilities, faculty etc. while setting up new government medical colleges in the respective States.
This observation was made in respect of the three States- Bihar, Jharkhand and Uttar Pradesh, which had challenged the decision of the erstwhile Medical Council of India (MCI), now NMC denying to issue Letters of Permission to eight colleges with an intake capacity of 800 MBBS seats.
However, while considering the matter, the top court bench comprising Justices BR Gavai and CT Ravikumar added the Centre as well as the NMC have the required authoritative powers for taking necessary steps if the medical colleges are found to be deficient.
“The respondent states are bound to adhere to the standards prescribed by the regulatory authority, NMC. If there are any deficiencies, NMC and Centre have ample powers to take such steps as are permissible in law,” observed the bench.
Also Read: Supreme Court Sets Aside MCI Disapproval: Jharkhand Gets Approval For 300 More MBBS Seats
As per the latest media report by Live Law, back in June 2018, filing affidavits, these three States had informed the Supreme Court bench that they were taking steps for removing the deficiencies pointed out by the NMC.
On the basis of the assurance, the Apex Court had allowed to commence MBBS courses in these medical colleges from the academic year 2018-2019.
Medical Dialogues had reported back in 2019 that the setting aside the MCI disapproval, the Supreme Court had directed the State Government of Jharkhand to begin the functioning of 3 medical colleges with 300 MBBS seats in Palamu, Hazaribagh and Dumka. The court had also directed the state to fix the deficiencies highlighted by the MCI within the stipulated time.
Live Law adds that earlier the Supreme Court had slammed those three States for poor infrastructure of their government medical colleges and had directed the NMC for carrying out inspections to check if the States had removed those deficiencies or not.
Recently, while considering the matter, the top court bench questioned NMC if the deficiencies have been removed. The top court bench asked the NMC counsel Advocate Gaurav Sharma, “You are satisfied that there are no deficiencies now?”
At this outset, the counsel appearing for Bihar submitted, “We had filed an affidavit on how deficiencies have been removed. We are adhering to the timelines given (in the 2018 affidavit). There are no complaints now.”
After taking note of the fact that NMC, after carrying out periodic inspections, noted that the deficiencies which had been pointed out in the medical colleges had been corrected by the respective States, the top court bench prompted to close the matter.
“Advocate Gaurav Sharma for MCI (now NMC) states that periodical inspections are being carried out with regard to the aforesaid medical colleges established by the three states. In that view of the matter, no purpose is served by keeping the matter pending,” the bench observed.
Therefore, the bench clarified that all the students who had been admitted during the 2018-2019 academic year should be treated as regular students.
“Needless to state that the permission for starting course in the respective colleges was granted by this court for students who have undertaken degree courses, they are required to be treated as regular students and would be entitled to the same benefits and privileges as having passed from medical colleges which were granted permission in accordance with law,” observed the bench.
