Patna: Granting relief to the medical students who were admitted at Radha Devi Jageshwari Memorial Medical College in Muzaffarpur back in 2021-2022, the Patna High Court recently put an end to an ongoing litigation in this regard.
While dismissing a batch of intra-court appeals filed by the National Medical Commission (NMC) and others, a Division bench of the HC comprising Chief Justice K Vinod Chandran and Justice Harish Kumar opined that the admissions of the students, made through the counselling by the State’s board, were legally valid.
After granting permission to the medical college for MBBS admission first time for the academic year 2021-2022, the National Medical Commission (NMC) later withdrew the same. Consequently, the medical college and the society managing it, challenged the cancellation of permission to start the MBBS course.
Meanwhile, the students sought to be shifted to government medical colleges as they would be deprived of continuing their studies because of the cancellation of permission.
Issuing an order, a Single Judge bench stayed the cancellation of the permission and this, in turn, enabled the students to continue in the same college. After considering the matter, the bench set aside the order of cancellation dated 18.04.2022 issued by NMC. This order was issued by the bench while considering the petitions filed by the medical college and the society managing the college. Similarly, the prayer of the students for shifting them to government medical colleges was also negated.
Challenging this order, the National Medical Commission (NMC) filed appeals before the Division bench after a considerable delay. Though notices were not issued, the parties were represented by their Counsel and the matter was heard on consent of all parties, especially considering the fact that the students admitted to the academic year 2021-2022, had been continuing based on the interim order and the final judgment passed by the Single Judge bench.
The counsel for NMC challenged the single judge order contending that the bench erred in presuming that since the permission was granted for the academic year 2022-2023, finding adequate facilities in the college, in the previous year too there would have been adequate facilities.
Further, the NMC counsel argued that the Single Judge also erred in finding the Medical Assessment and Rating Board (MARB) of NMC as not empowered to cancel a recognition. He also contended that the justifications offered by the medical college for having lesser number of faculties and inpatients were not acceptable.
The counsel for the Commission relied on the records to show that even though permission was granted to the medical college, a surprise inspection was conducted when gross deficiencies were detected. Consequently, MARB reported the same to NMC after conducting the physical inspection and issued an order specifically directing that no admissions were to be carried out for the academic year 2021-2022. Therefore, the NMC counsel argued that the admissions were carried out in violation of this restriction. Ultimately, based on the inspection report, NMC withdrew its Letter of Permission on 18.04.2022.
Therefore, the counsel argued that there can be no admissions made to the academic year 2021-2022 and the permission granted for admission to the academic year 2022-2023, cannot relate back to the earlier year. So, the students admitted have to be shifted to other medical colleges, argued the counsel.
It was argued by the counsel for one of the students that admissions were made in violation of MARB recommendations and the government agency carrying out the admissions ought not to have allotted students in the respondent college. Therefore, the counsel argued that the appellants, who had been admitted to the college, whose letter of Permission was withdrawn, should be accommodated in government medical colleges. It was further submitted that the management of the college had been fleecing them with demands for exorbitant fees, more than that stipulated by the regulatory body, students are harassed and even prohibited from appearing in exams etc.
Meanwhile, the college management argued that even though a surprise inspection is permissible, before inspecting team left the premises, the faculty attending the funeral had returned. However, the inspecting team refused to acknowledge the presence of such faculty members.
The college submitted that it obtained the LOP for the first time in the academic year 2021-2022 and the admissions were delayed because of COVID pandemic and the admissions were made only after the commencement of the academic year 2022-2023. After the surprise inspection, MARB and NMC slept over the matter and meanwhile, the admissions were carried out based on the allotment made by Bihar Combined Entrance Competitibe Examination Board. By the time the admissions were made, the academic year was over and in the academic year 2022-2023, the college received a Letter of Permission.
Therefore, it was the contention of the medical college that though the admissions of 2021-2022 would have been in their second academic year in 2022-2023, their first year of academics was commenced only in the year 2022-2023.
While considering the matter and the allegations of the students regarding exorbitant fees, the Court observed, “At the outset, we have to notice that the contention of the students regarding the harassment meted out to them and the demand for higher fees by the management are not the subject of consideration in the above appeals. There are other forums to agitate the cause and the students would be entitled so to do before the regulatory authority or such other appropriate forum. In the appeals, we are concerned only with the sustainability of the cancellation of the Letter of Permission.”
“Having noticed the earlier permission granted and its withdrawal, the fact that the students admitted in the previous year were continuing, was also recorded. The assessors had specifically found that deficiency earlier noticed in faculty, residents, and bed occupancy were rectified except for the mild deficiencies of out-patient attendance on the day of inspection. The type of assessment at Sl. No. 3 was stated to be for ‘first renewal’. Hence, it has to be deemed to be a renewal and not a fresh permission granted for the academic year 2022-2023,” it further noted.
It was observed by the Court that even though the permission was granted for the academic year 2021-2022, that too the first academic year, no students were admitted to the college. The Letter of Permission was granted after an inspection by the MARB. Even then, there were no admissions made since the pandemic had stalled the entire process. It was not disputed that the admissions were commenced, for the year 2021-22 only by 15.01.2022.
It was further observed by the Court that MARB conducted the surprise inspection on 27.11.2021, when there were no admissions made to the college and there was no possibility of any admissions made in the near future.
“Hence, when the report was drawn up it was incumbent upon the MARB to have given some time for the rectification of defects. This would have caused no prejudice to the standards of medical education since, at that point, there were no students admitted to the college,” noted the bench.
“In any event, there was no measure taken on the recommendation till the Board came out with Annexure-P/7 on 15.01.2022 to admit students. The show-cause notice at Annexure-8 was issued on 15.02.2022, simultaneous to the admission commenced by the State Board. As has been rightly pointed out by the learned counsel for the NMC, it was specifically directed that the admissions for the academic year 2021-22, shall not be carried out. The fact remains that such admissions were carried out and the students were continued after the withdrawal; on interim orders of this Court. In the next academic year, in which the course of the earlier year also commenced, there was an assessment carried out and after noticing the earlier permission granted and its withdrawal, the assessors had specifically found that the deficiency noticed in faculty, residents, and bed occupancy were rectified except for the mild deficiencies of out-patient attendance on the day of inspection. The type of assessment at Sl. No. 3 was stated to be first renewal. Hence, it has to be deemed to be a renewal and not a fresh permission granted for the academic year 2022-2023,” it further observed.
Therefore, the bench dismissed the plea to shift the students to other government colleges noting that admissions to the government and private medical colleges are made in order of merit, and if a college to which admissions are made is found to have a valid claim to continue the course, there is no question of any shifting of students from that college to other colleges.
Further reiterating the fact that even though the admissions were for the academic year 2021-2022, the admissions were made after the conclusion of the academic year on 31.02.2022, the bench highlighted that
“The students admitted on 18.04.2022 in the first year, carried out their first year course in the academic year 2022-23, for which year the college had a valid permission issued by the NMC. We are told that even the admissions of the academic year 2022-23, was commenced only in the year 2023. Hence, though the admissions were of the academic year 2021-22, they have carried out the course only in the year 2022-23, when the college had a valid Letter of Permission. We find absolutely no reason to interfere with the directions of the learned Single Judge.”
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/patna-hc-232980.pdf
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