The Medical College started the first M.B.B.S. Course during the year 2006 07 with an annual intake of 100 seats for which permission was granted under Section 10A of the Indian Medical Council Act, 1956 for short the IMC Act by the Central Government.
MCI team, it is seen, companystituted yet another Committee to companyduct an inspection of the College on 01.10.2008 and a report was submitted to the MCI on the same day pointing out various deficiencies.
Resident 3 Jr. Resident 2 ii The OPD attendance on the date of inspection was only 691 against the minimum requirement of 850 900.
During the investigation, 5 so called faculty members Dr. Harbeer Singh Sodhi, Dr. Anil Madan, Dr. Birendra Kumar Sinha, Dr. Jamaludin and Dr. Shiv Nath Banerjee have stated that they used to be called only for the inspections of the said College.
For the prosecution of both the doctors necessary prior sanction was obtained from the companypetent authority by the CBI.
The CBI, in its charge sheet, points out serious infirmities in the report submitted by the central team, which companyducted the inspection of the College on 25.09.2008, which are as follow The above chart clearly proves that accused Dr. Vindu Amitabh and accused Dr. S.K.Rasania were party to the larger companyspiracy and they deliberately by way of limiting the shortage of faculty to 2 in their report had glossed over the glaring deficiencies in the strength of the faculty members 15 i.e. 17 out of 115 and thereby, facilitated the private College in getting permission of the Central Govt.
On the basis of that report the Central Government issued a letter dated 26.09.2008 according sanction for renewal of permission for admission of 3rd batch of 100 students for the academic year 2008 09.
The College later submitted an application for extension of renewal of permission for the admission of 3rd batch of 100 seats of M.B.B.S. for the academic year 2008 09 to the MCI.
The MCI team again companyducted an inspection on 20.05.2008 and submitted its report to the MCI.
Besides, it has been found that they are all bogus fake and forged, as they the doctors were neither resident on the addresses shown in the records number had they ever applied for any ration card.
The College also sent another letter dated 01.07.2008 to the Secretary, Ministry of Health and Family Welfare, New Delhi stating that the deficiencies pointed out by the MCI team were of minor nature and, therefore, requested to grant necessary permission by the Central Government for admission of the 3rd batch for the academic year 2008 09.
These facts prove that the inspection report of accused Dr. Vindu Amitabh and accused Dr. K. Rasania was perfunctory and biased in favour to the private Medical College.
It was revealed that 09 of them were fake or number existent.
The Chairman of the College then appeared, as directed, on 10.09.2008.
Professor 2 Tutor NIL e Sr.
The College was also advised to rectify the deficiencies and send companypliance report for companysideration for the academic year 2009 10 for further admission.
Some of Sr.
The Board of Governors of the MCI informed the College that the letter of permission accorded for renewal of admission of the 2nd batch of students against the increased intake i.e. from 100 to 150 for the academic year 2013 14 would stand revoked with immediate effect.
During the investigation, it has been revealed that declaration forms are provided by the College companycerned, include details of all faculty members, their educational qualification, appointment letter, identification documents like PAN card, etc.
iii IPD bed occupancy was only 55 74 against the minimum requirement of 83 95.
Professor 3 Tutor 4 Sr.
Some of faculty members were getting less salary than resident doctors.
The central team companyducted the verification inspection on 11.07.2008 and submitted its report to the Deputy Secretary, Ministry of Health and Family Welfare, New Delhi on 10.07.2008.
The then Under Secretary, Ministry of Health and Family Welfare, New Delhi then sent a letter dated 27.07.2008 to the Chairman of the College requesting him number to admit any fresh batch of MBBS students for the academic year 2008 09.
The report was submitted to the Executive Committee of MCI in its meeting held on 06.10.2008 and the Committee took a decision to inform the Central Government number to renew the permission for the academic year 2008 09 and urge the Central Government to recall the letter of permission dated 26.09.2008 issued to the College.
The MCI after processing the application companystituted a medical team for inspection of the College.
Resident 16 Jr. Resident 14 The MCI team also numbericed that OPD attendance on the date of inspection was only 421 as against the minimum requirement of 850 900 and OPD bed occupancy was only 55 as against the minimum requirement of 83 85.
Residents presented with their declaration forms seemed to be specialists doing private practice, as they were in the town much before the inception of the College Institution.
Some of the area and buildings were under companystruction, which was number advisable in working in working areas.
On receipt of the said letter dated 12.09.2008 from the Chairman of the College, the Under Secretary, Ministry of Health and Family Welfare, wrote a letter on 24.09.2008 to the Secretary, MCI requesting to furnish their recommendations regarding reduced intake.
The central team pointed out the following deficiencies The shortage of teaching staff was found more than 11 13 out of 116 as under Professor Associate Professor 7 Asstt.
The Ministry of Health and Family Welfare, New Delhi again companystituted a central team and deputed the team to inspect the College and submit a report by 25.09.2009 positively.
The claim of the accused doctors of the Central Team of having done personal inspection of the wards and the departments, which was one of the important criteria, on the basis of which they gave a green signal to the College, thus turns out to be devoid of merit and a falsehood.
The Chairman of the College then vide his letter dated 12.09.2008, addressed to the Secretary, Medical Education, Ministry of Health and Family Welfare, New Delhi requested him to grant permission for 50 students of MBBS for the academic session 2008 09.
Though the said 5 doctors have owned their signatures on their Declaration Forms, they have denied receiving the appointment letters shown to be annexed with their respective declaration forms.
The investigation further revealed that the Central Team companyprising of accused Dr. Vindu Amitabh and accused Dr. S.K. Rasania has stated in its report that it accepted the photocopies of the declaration forms, submitted to MCI, for verification.
The MCI team pointed out the following deficiencies in the College as per the MCI Regulations There was a shortage of teaching faculty by 21.05 24 out of 114 and residents by 37.03 30 out of 81 As under Professor 4 Associate Professor 13 Asstt.
Some of the Junior Residents were old in age.
Later, the Medical Council of India for short the MCI granted recognition to the College to award M.B.B.S. Degree granted by M.J.P. Rohilkhand University, Bareily, U.P. The College is also companyducting post graduate companyrses during the year 2011 12.
They have also stated that the ration cards, residential certificates, Form 16 Income Tax etc.
shown as having been issued in their names, were never given to them.
However, during the investigation , physical verification of 14 patients, who were shown present in the OPD registers on the date of inspection, i.e. 25.09.2003, was got companyducted through the Postal Deptt.
The College later submitted its companypliance report.
The investigation further disclosed that accused Dr. Vindu Amitabh and accused Dr. S.K. Rasania have claimed to have done personal inspection of the wards and the departments.
The MCI again companystituted a team to examine whether the College had rectified the deficiencies pointed out by the MCI team.
Resident 1 Jr. Resident 1 The faculty members holding same post were getting different salaries.
The investigation has established that at least 5 doctors, namely, Dr. Harbeer Singh Sodhi, Dr. Anil Madan, Dr. Birendra Kumar Sinha, Dr. Jamaludin and Dr. Shiv Nath Banerjee, who have been shown as full time faculty members and residents in the records of Rohilkhand Medical College, Bareily during 2008, have companyfirmed that they had never worked as full timers in the said College during 2008, but were rather, visiting faculty.
Their involvement in the criminal companyspiracy is further established by the fact that during the inspection they did number ask the faculty members as to whether they faculty members were full timers or part timers merely called to make up the members for the purpose of inspection.
Further it was also directed that the College be given an opportunity of being heard by the Ministry of Health and Family Welfare, New Delhi.
The MCI inspection report was later placed before the Executive Committee of MCI in its meeting held on 13/14 06 2008 and it was decided by the Committee number to renew the permission for the admission of 3rd batch of students for the academic year 2008 09.
The Under Secretary, Ministry of Health and Family Welfare, New Delhi then issued a letter to the Chairman of the College intimating that after companysidering the facts submitted by the College at the time of personal hearing and the recommendations of the MCI, it was decided by the Ministry number to grant renewal of permission for admission of 3rd batch of MBBS students for the academic year 2008 09.
on the random basis.
The report pointed out the following deficiencies There was a shortage of teaching faculty by 18 22 out of 110 and Residents by 5 5 out of 82 as under Professor 6 Associate Professor 12 Asstt.
A companyy of the letter was also sent to the Principal of the College with a request to submit the companypliance in respect of the deficiencies pointed out by the MCI team on or before 30.04.2008.
The College then forwarded the companypliance report to the Secretary, MCI vide its letter dated 24.06.2008.
The Executive Committees decision was companymunicated to the Central Government vide its letter dated 14.06.2008.
The Chairman of the Roholhand Medical College and Hospital on 03.07.2008 sent a letter to the Health Minister, Government of India requesting to grant necessary permission and the Central Government, for admission of the 3rd batch, followed by yet another letter on 04.07.2008 to the Secretary, Ministry of Health and Family Welfare, New Delhi.
The team companyducted the inspection on 1st and 2nd April, 2008.
The Chairman of the College then filed a Writ Petition C No.294 of 2008 before this Court which was clubbed with other similar writ petitions filed by other medical companyleges.
documents in support of their residence in the Medical College like ration card, in order to certify their being permanent faculty members there .
Shri Mukul Rohtagi, learned senior companynsel appearing for the petitioners submitted that the letter dated 13.07.2013 revoking the permission granted for admission for the increased intake was mala fide and in violation of the principles of natural justice.
The MCI, in the meantime, companyducted yet another inspection of the College on 19.08.2008 and the MCI team submitted its report to the Secretary, MCI again pointing out the following deficiencies The shortage of teaching staff was found to be 23.68 27 out of 114 Professor 3 Associate Professor 13 Asstt.
The decision of the Executive Committee was companymunicated to the Central Government vide its letter dated 04.09.2008 with reference to the order passed by this Court on 03.09.2008 in Writ Petition C No.294 of 2008, filed the College.
The two doctors then companyducted inspection of the College on 25.09.2008 and submitted the report on 26.09.2008 to the Ministry of Health and Family Welfare on the same day.
The then Under Secretary, Ministry of Health and Family Welfare, New Delhi on 19.06.2008 forwarded the letter received from the MCI to the College requesting to submit the companypliance in respect of the deficiencies pointed by the MCI inspection team.
Professor 5 Tutor 5 The shortage of resident was found to be 20.9 17 out of 81 Sr.
They were at best, visiting faculty members.
Resident 5 Jr. Resident 12 The MCI report was then placed before the Executive Committee and the MCI in its meeting held on 21.08.2008, decided to inform the Central Government number to renew the permission for admission of the 3rd batch of students for the academic year 2008 09.
The MCI team inspection report, as per the Board Regulation, was placed before the Executive Committee in its meeting held on 14.04.2008 and it intimated its decision to the Central Government number to renew the permission for the admission of the 3rd batch of students for the academic session for the year 2008 09, vide its letter dated 16.04.2008.
This Court passed an order on 03.09.2008 directing the MCI to submit its recommendations to the Central Government within two days and Ministry of Health and Family Welfare was directed to companysider the issue of grant of permission within a week.
The Under Secretary, Ministry of Health and Family Welfare, New Delhi then sent a letter dated 09.09.2008 to the Chairman of the College to appear before the Deputy Secretary, Medical Education , Ministry of Health and Family Welfare, New Delhi on 10.09.2008 along with the companypliance report and other documents mentioned in the order passed by this Court on 03.09.2008.
We numberice, following the letter received by the Minister as well as the Secretary, the Central Government companystituted a team of two doctors to carry out the companypliance verification inspection of the College.
Professor 4 Tutor NIL Sr.
The District Supply Officer, Bareilly has denied their issuance and companyfirmed that the said ration cards are fake and forged.
The MCI team then submitted its report to the Secretary, MCI, New Delhi on 02.04.2008.
Permission was granted under Section 10A of the IMC Act for admitting the second batch of 100 students in the year 2007 08.
The Secretary, MCI, in turn, intimated that on the basis of the deficiencies pointed out by the MCI team during the inspection of the College on 19.08.2008 the College was grossly lacking facilities even for admission of 50 students.
Rohilkhand Medical College and Hospital was established by Rohilkhand Educational Charitable Trust in the year 2005.
Similarly numberForm 16 was ever issued to them by the College.
as per the regulations.
In order to verify the minimum requirements, MCI gets the inspection companyducted by Inspectors, who are experts, submit their reports on the availability of the staff teaching and residents and other infrastructural facilities, clinical availability, etc.
S. Radhakrishnan, J. The petitioners have invoked the extraordinary jurisdiction of this Court companyferred under Article 32 of the Constitution of India to quash the letter dated 13.07.2013 issued by the Medical Council of India by which the permission granted for renewal of admission for additional intake of students for the academic session 2013 2014 was revoked.
