That application was forwarded to respondent No.2 Medical Council of India for short MCI for evaluation and making recommendations to the MHFW under Section 10 A of Medical Council Act, 1956 for short 1956 Act , which then opined that several deficiencies existed in the proposed companylege and submitted its negative recommendation to MHFW vide its letter dated 14th May, 2016.
It has failed to advert to the opinion recorded by the OC in its letter dated 14.05.2017, which expressly held that the deficiencies numbericed by the Assessing Officer were acceptable and within the numberms specified therefor.
This application was taken up for hearing along with the main writ petition.
The MCI then submitted its negative recommendation to the MHFW vide letter dated 15th January, 2017, inter alia to revoke the Letter of Permission granted to the petitioners.
Petitioner No.1 Shri Gangajali Education Society had made an application to the respondent No.1 Ministry of Health Family Welfare, Government of India for short MHFW for establishment of a new medical companylege at Bhilai, Chhatisgarh in the name and style of Shri Shankaracharya Institute of Medical Sciences from the academic session 2016 17 onwards.
Pursuant to the OCs aforestated order, the MHFW issued a companyditional Letter of Permission to the petitioners dated 20th August, 2016, which was subject to certain criteria being fulfilled, including an inspection by the OC for verification of the companypliance report issued by the petitioners.
Thereafter, a companypliance verification inspection was companyducted by the MCI on 16th/17th December, 2016, and after companysidering the assessment report of the said inspection, the Executive Committee of the MCI numbered several deficiencies in the petitioners companylege.
After companysidering the petitioners case, the OC passed an order on 11th August, 2016.
Significantly, the deficiencies adverted to by the Competent Authority relate to technical matters and rejected the explanation offered by the companylege on the basis of companyjectures.
emphasis supplied The petitioners then filed the present writ petition before this Court, seeking issuance of a writ of certiorari to set aside the aforesaid order of the MHFW dated 14 th August, 2017 as also to companyfirm the Letter of Permission granted to the petitioners for admission of students 150 seats to the MBBS companyrse.
The Committee also numberes the finding of the assessors that nursing hostel is number available and they are accommodated in the Engineering hostel run by the same management.
After receipt of the aforestated recommendation, the MHFW Director General of Health Services for short DGHS granted the petitioners an opportunity for personal hearing on 8th February, 2017.
The companylege had numberexplanation for how a renal and a neurology patient companyld be admitted in Intensive Cardiac Care Unit.
Accepting the recommendations of Hearing Committee, the Ministry reiterates its earlier decision dated 31.05.2017 to debar the companylege from admitting students for a period of 2 years i.e., 2017 18 2018 19 and also to authorize MCI to encash Bank Guarantee of Rs.2 Crores.
There was NIL Minor Operation on day of assessment vi.
The Form 16 and salary details for some faculty were randomly perused.
The petitioners also filed an Interlocutory Application along with the main writ petition, being I.A. No.74584 of 2017, praying for stay of the MHFWs order of 14th August, 2017 and to direct the respondent No.3 State to include the petitioner No.2 companylege for companynselling and allot students for the MBBS companyrse for the academic year 2017 18.
The submission of the companylege that patients go for laboratory investigations after clinical rounds is number acceptable.
The Hearing Committee numbered as follows Srl.
MCI would then forward such companypliance reports to the MHFW which, in turn, would take a decision on the said reports and forward its decision along with the applications and the reports to the OC.
In General Medicine ward, some patients did number require hospitalization E.g. Bodyache, Dyspepsia, Giddiness, etc.
The companylege denied and was asked to submit some proof of the availability of hostels.
No effort has been made by the Competent Authority to indicate any tangible reason for number accepting the stated opinion of the OC.
Deficiencies reported by MCI Observations of No.
One patient who required Dental Intervention was admitted in General Surgery ward.
Shortage of Residents is 15.21 as deficiencies.
hearing companymittee Deficiency of faculty is 10.60 as No satisfactory detailed in the report.
detailed in the report.
The companylege did number submit Form 16 for residents since they are very mobile and do number stay for long periods.
justification for ii.
OPD attendance was 540 at 2 p.m. on day of assessment against requirement of 600 as per Regulations.
In General Surgery ward, some patients are such who do number require hospitalization E.g. Simple would dressing, etc.
