A Munna Bhai M.B.B.S. reference was made at the Supreme Court on Monday, February 14, while the top court was dealing with a case with regards to the cancellation of permission for admission of additional students in a medical college. This was owing to the surprise inspections on grounds that not only were patients "hale and hearty" but even in the paediatric ward, there was no serious in-patient to be found.
It was the National Medical Commission (NMC) who informed the Supreme Court that apart from other deficiencies, since there was no operation theatre or X-Ray machines the permit of the college to admit additional students was cancelled, as per a report in PTI.
A bench of Justices DY Chandrachud and Surya Kant, as per a report in PTI, said, "It is shocking. It's like a Munna Bhai movie. All the patients in the ward were found to be hale and hearty. In the paediatric ward, there was no serious patient. We can't tell what else we found in the inspection report. We were surprised."
Appearing on behalf of Annasaheb Chudaman Patil Memorial Medical College located in Dhule, Maharashtra, senior advocate Abhishek Manu Singhvi shared that the inspection which was carried out by NMC wasn't done with any notice and moreover, was done on a public holiday, on Makar Sankranti, which is prohibited. This is when the bench replied back saying that illness does not stop on Makar Sankranti and added that the college did not say that it had no patients.
The pleas filed by both the medical colleges and NMC against the Bombay High Court order were being heard by the bench. The high court order had directed for a fresh set of inspections to be conducted of the college by NMC and had allowed the admission of students.
Solicitor General Tushar Mehta and advocate Gaurav Sharma pointed out that NMC can conduct an inspection under the law and that the High Court order allowed 10 students of MBBS to take admission "in this type of college", which was the initial capacity.
Though Mehta said that there was no operation theatre or X-Ray machines, he assured the students by sharing that they need not worry as, after consultation with the government, they would be accommodated in other colleges. He pointed out that 100 were given permission and 50 were new. What the order does is that they continue with 100, but that they do not admit any new admissions at all so that a new batch doesn't fall prey to this kind of situation.
Singhvi mentioned that it is since the year 1992 that the college has been running hence, the commission has no power to withdraw permission for admission to the seats. He also said that it was not on the basis of the admission report that the permission for an additional 50 seats was granted.
Also appearing for the college was senior advocate Nidesh Gupta who informed that the infrastructure which was being flagged by NMC's inspection report has been there for years and no issue has arisen because of it.
The orders of the Aurangabad bench of Bombay High Court were set aside by the bench to consider it afresh. Since the high court had not dealt with "the merits of the rival contention", they set aside the impugned order of the High Court dated January 25. 2022 and February 2, 2022 which restored admission before the High Court. It went on to state that both NMC and the medical college had been aggravated by it.
The decision based on the gross deficiency identified during one inspection cannot be made up for by ordering a new inspection without an inquiry into the validity of the inspection.
For an increase of intake capacity from 100 to 150 MBBS seats for the academic session 2021-2022, the medical college had submitted an application on November 30, 2020. The bench noted that the renewal of recognition was granted on July 15, 2021 and that the continuation will be in accordance with the law. On September 8, 2021, assessors appointed by NMC conducted an inspection and issued a letter of intent on November 16, 2021.
The college went on to submit an undertaking on November 23, 2021 and after two days, permission was granted for an increase in capacity. The top court also noted that on January 14, 2022, an inspection was conducted, based on which, NMC withdrew the permission on January 19, 2022.
The high court's order was challenged by NMC in the top court since it was passed without noting the provisions of the NMC Act. The medical college challenged the high court order too.
