Difference between revisions of "Kempegowda Institute of Medical VS. Medical Council of India on 21 September, 2017"

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Latest revision as of 20:19, 23 May 2020

The facts of the case states that the petitioner applied for the approval to increase the intake from 120 to 150 seats, of the MBBS Degree Course recognised by Rajiv Gandhi University of Health Sciences, Bangalore. This application was processed by the Medical Council of India under Section 11(2) of the Indian Medical Council Act, 1956. After carrying out inspection, assessment report dated 21st April, 2017, was placed before the Executive Committee of MCI pointing out the deficiencies in the petitioner-institution. The Executive Committee decided to recommend to the Central Government not to approve the petitioner-institution for the increased intake from 120 to 150 seats under Section 11(2) of the Act.

However, the petitioner issued an appropriate writ, order or direction in the nature of mandamus directing the Medical Council of India, to take decision on the Inspection and recommended to the Union of India- Ministry of Health and Family Welfare, for recognition of increased intake from 120 to 150 seats in MBBS course of the certain college for the academic year of 2017-18 and accordingly extend the last date of admission for increased intake of 30 seats for the academic year 2017-18, the petition further directed the committee to consider the case of the petitioner for increased intake of 30 seats for the academic year 2017-2018 within a specific period of time. Whereas, the Medical Council of India decides not to recommend for renewal of permission for increased intake of students for the academic year 2017-18.

No final decision has been taken on the proposal for enhancement of intake capacity from 120 to 150 seats by the Competent Authority, after the relief claimed by the petitioner in the writ petition. The question of granting relief to permit the petitioner-institution to admit up to 150 students in MBBS course for the academic session 2017-18 cannot be countenanced. For, as per the communication dated 4th September, 2017, the petitioner is obliged to first rectify the deficiencies and satisfy the concerned authorities of having done so. Only thereafter the Executive Committee of MCI will be in a position to make final recommendation to the Central Government, which, in turn, would take appropriate decision as may be advised. In any case, since the admission process for the academic session 2017-18 has concluded and the last date for admitting students has expired, the question of granting any relief to the petitioner to permit admission of students up to 150 seats cannot be considered.

As has been observed in Royal Medical Trust and Another vs. Union of India, the following directions were issued to the petitioner and the respondent: (i) The application submitted by the petitioner for grant of approval for increased intake from 120 to 150 seats for the academic session 2017-18 shall be treated as having been made for the academic session 2018-19. (ii) The MCI shall conduct a fresh inspection as per the regulations within a period of three months. (iii) The inspection shall be carried out for the purpose of academic session 2018-19. (iv) After the Executive Committee of the MCI considers the assessment report submitted to it after inspection in terms of this order, it shall send its recommendation to the Central Government. The Central Government shall be taking a final decision.

The application is currently disposed of in the above terms.