NEW DELHI: The Supreme Court on Monday faced a moment of the Bollywood movie “Munna Bhai MBBS” when it was dealing with a case of cancellation of admission of additional students to a medical school, due to a surprise inspection on the grounds that the patients in the wards were And “no serious inpatients were found in the pediatric ward”.
The National Medical Commission (NMC) told the Supreme Court that permission to admit extra students was revoked as there was no surgery and X-ray machines on the college except for other shortcomings.
A judge DY Chandrachud and Surya Kant said, “It ‘s shocking. It’ s like a Munna Bhai movie. All the patients in the ward were found to be crazy and heartbroken. inspection report We were surprised.
Senior lawyer Abhishek Manu Singhvi, appearing at Annasaheb Chudaman Patil Memorial Medical College, said the inspection was carried out by the NMC without warning and that it was also on a public holiday on the day of the Makar Sankranti festival, which is banned.
The bench told Singhvi, “The disease does not stop at Makar Sankranti. Your client (college) did not say there were no patients.”
The court was adjudicating appeals filed by the NMC and the medical college, located in the Dhule district of Maharashtra, against the decision of the Supreme Court of Mumbai, which had requested a new college inspection by the commission and allowed the admission of students.
Attorney General Tushar Mehta and attorney Gaurav Sharma said the NMC could conduct a surprise inspection under the law and what the Supreme Court ruling did was allow 100 MBBS students to be admitted “to this type of college”, which was the original ability.
“There is no operating room and no X-ray machines,” Mehta said, adding that students do not have to worry as they will be admitted to other colleges after consulting with the government.
Mehta said, “Only one thing I should point out, 100 got the license and 50 were new and what this order does is they continue with 100 but do not accept new ones so that no new batch comes in this kind Now, if we cancel “These students will not suffer from their recognition, as in consultation with the government we will distribute them to other colleges. But they can not now start adding new students to such institutions.”
Singhvi said the college has been operating since 1992 with a capacity of 100 MBBS and therefore the NMC has no authority to revoke admission to these positions.
He said the NMC had not given permission for an additional 50 posts based on the inspection report.
Senior attorney Nidesh Gupta, who also appeared for the college, said the infrastructure identified in the NMC inspection report had existed for decades and then there was no issue with it.
The court annulled the orders of the Aurangabad seat of the Supreme Court of Mumbai and asked him to reconsider, saying that “the Supreme Court did not deal with the substance of the opposing action, we annulled the contested order of the Supreme Court of 22 2, 2022, and reinstatement of admission before the Supreme Court. “
The bench said, “As the minutes before this court have, both the NMC and the medical college are affected by the Supreme Court’s orders. The decision based on a serious omission during the surprise inspection the simple mandate of a new inspection without examining the validity of the inspection which has already been carried out. “
He noted that the medical school, which was founded in 1992, has a capacity of 100 seats for the MBBS course.
“The medical school submitted an application on November 30, 2020, to increase the recruitment capacity from 100 to 150 MBBS positions for the academic year 2021-22. “On July 15, 2021, a renewal of recognition was granted for the academic year 2021-22, provided that the continuation of the recognition will be in accordance with the law”, the headquarters noted.
The evaluators appointed by the NMC conducted a physical inspection on September 8, 2021 and the letter of intent was issued on November 16, 2021. The college made a commitment on November 23, 2021, after which on November 25, 2021, permission was granted to increase “capacity from 100 to 150 seats,” he said.
The Supreme Court noted that a surprise inspection was carried out on 14 January 2022 and based on the inspection report, on 19 January 2022, the NMC withdrew the letter of authorization to increase the import capacity and directed the suspension of entry for 2021-2022.
The Supreme Court order was challenged by the NMC in the Supreme Court on the grounds that it was passed without regard to the provisions of the NMC Act. The medical college also challenged the decision of the Supreme Court.
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