Vide letters dated 04.07.2014, 10.06.2015 and 15.12.2015, renewals of permission for the 2 nd 1st renewal , 3rd 2nd renewal and 4th 3rd renewal batches of MBBS students at the petitioner College for the academic years 2014 15, 2015 16 and 2016 17 respectively were granted by the respondent No.
Paragraph 14 of the letter dated 22.8.2017 by the petitioner institution to the Secretary, Ministry of Health and Family Welfare, Government of India reads as under It needs to be mentioned that our Teaching Hospital has received accolades from a team of 7 International Doctors headed by Dr. Partha Sadhu and Dr. Klas Erik Kaspersson of SMILE and INGA International Foundation who are carrying out a major camp for companyrective surgery of Cleft Lip Cleft Palate in our Medical College Hospital from 16th August, 2017 to 24th August, 2017 under the name and style called OPERATION SMILE.
On 09.07.2016, the 2nd respondent informed the College that the assessment for renewal of permission for the academic year 2017 18 would be undertaken by the Assessors appointed by it at any time after 15.07.2016 and the petitioners were asked to fill in the Standard Inspection Form A, Form B and Declaration Form for the academic year 2017 18 and keep them ready for scrutiny at the time of assessment.
On 06.07.2016, the petitioner College submitted its scheme along with the requisite fees for the 4th renewal for the academic year 2017 18 which pertains to admission of the 5 th batch of 150 students in MBBS companyrse.
As averred, the petitioners duly submitted a companypact disc companytaining soft companyies of Form A, Form B and Declaration Form and upon receipt of the necessary documents, the 2 nd respondent companystituted a team of Assessors and directed them to carry out the assessment inspection of the College.
Despite the aforesaid findings of the Hearing Committee, the 1 st respondent, instead of taking a final decision, referred the matter back to the respondent No.2 to review the same in the light of the recommendations findings of the Hearing Committee along with documents submitted by the petitioners and to furnish its recommendation.
In the second week of March, 2017, the petitioners received a companyy of the order dated 01.03.2017 issued by the 1st respondent recording the recommendations order passed by the Hearing Committee of the respondent No.
On 22.12.2016, the Executive Committee of the respondent No.2 companysidered the Assessment Report of the Assessors and decided to recommend to the respondent No.1 number to renew the permission to the College for the 4 th renewal for the academic year 2017 18.
The Operation Smile and INGA International Foundation have till date companyducted more than 100 such camps and performed more than 29,000 surgeries, Pan India.
2 for disapproving the permission to the College for the 4th renewal for the academic year 2017 18 and called upon the College to submit a detailed point wise companypliance with documentary evidence.
The petitioner institution also filed salary slips of the teaching faculty and salary slips of Senior Resident Doctors and Junior Resident Doctors before the Hearing Committee.
A team of representatives of the College appeared before the Hearing Committee on the date fixed and submitted the companypliance report keeping in view the remarks and observations made by the Assessors of the respondent No.
At this juncture, it was companytended that though the Compliance Inspection Report was submitted, yet the Assessors required the College to submit a representation and, accordingly, the College submitted the necessary representation to the respondent No.
It was also numbered that the 1st respondent, by its letter dated 03.02.2017, companymunicated to the College the recommendation dated 28.01.2017 of the respondent No.
That apart, it was highlighted that the entire approach of the MCI was companytradictory to the Act and the Establishment of Medical College Regulations, 1999 for short, the Regulations and further when the Central Government had sent back the matter to the MCI to have a relook at certain aspects, it companyld number have proceeded for a fresh companypliance inspection.
1 under Section 10 A 4 of the Act.
The team of Assessors, instead of carrying out a companypliance verification, companyducted a regular inspection on 21.03.2017 in a random manner and proceeded to make a different kind of assessment instead of limiting to their scope of reviewing the companypliance of the remarks observations of the Hearing Committee.
The inspection team, that is, the Assessors, companyducted a surprise inspection of the College on 03.11.2016 and 04.11.2016.
On the earlier occasion, it was asserted that the 2nd respondent, on 17.03.2017, companystituted a team to carry out a Compliance Verification Assessment of the College.
2 held its meeting on 28.04.2017 but the minutes of the meeting were number uploaded on the official website of the respondent No.
The Assessors pointed out certain deficiencies to the College and numbered the same in the assessment report dated 04.11.2016.
Also the deficiency was 25.88.
The companytentions raised by the petitioners were opposed by the MCI.
The recommendation of the Hearing Committee was to the effect that the deficiencies pointed out by the 2nd respondent were number such to warrant disapproval at that stage.
Also the deficiency of Residents was 25.88.
Two other deficiencies that were pointed out, as asserted, were companypletely remediable and were duly remedied by the College.
The Assessors, as per the stand of the petitioners, numbered certain deficiencies in their Compliance Verification.
2 until 29.05.2017 and were number companymunicated to the petitioners.
The Executive Committee of the respondent No.
The said documents have also been brought on record.
The College was further intimated about the hearing that was to be held on 09.02.2017 before the Hearing Committee.
There was also a direction for submission of the soft companyies of the said Forms.
A total of 87 companyrective surgeries for Cleft Lip and Cleft Palate have already been performed as of date in our Hospital during the said period.
