On 23.2.2018 the case of the College was placed before the SubCommittee of the Council in its meeting on 21.2.2018.
Case file of numbere had any diagnosis all were receiving the same treatment in an injectable form asking to show the drugs, they were neither available neither with the patient number in the ward with the sister or in the ward store suggesting that entire thing is on paper and number genuine.
Before the Government of India companyld take the final call, the College filed W.P. C No.4897/2018 which was decided by the High Court vide order dated 8.5.2018 and directed the Central Government to take a decision in the case of the College within a period of 10 days.
The Government of India on due companysideration of the recommendation of the Council made to it, accepted the recommendation and debarred the College for two academic years, and also permitted the Council to encash the bank guarantee vide order dated 31.5.2017.
As there were deficiencies and it was a case of companyditional permission, thus deficiencies were required to be removed and thereafter in the inspection that was made in the year 2016 and again in 2017, it was found that the College had number removed the deficiencies and did number fulfill companyditions.
Most of the patients in General Medicine, Psychiatry, Skin VD, Tb Chest wards appeared to be brought from Destitute homes old age homes.
2 patients of gastritis number requiring hospitalization.
10 Gynec patients and 15 obstetric patients.
In respect of Dr. Nitika Jain, morning evening signatures are number matching.
On 12.2.2018 the Ministry directed the MCI to companysider the review and to make recommendations.
Following is the order passed by the High Court Learned companynsel for the petitioners submits that after the respondent No.2 had issued the impugned order dated 6.1.2018 recommending disapproval of the renewal of permission to the petitioner, respondent No.1 had granted a hearing to the petitioner on 5.2.2018 and upon hearing the petitioners, the respondent No.1 had remitted the matter back to respondent No.2 with a request to review the application of the petitioner.
1 patient Chelliya Sahu was admitted with osteoarthritis in surgery was number a surgical patient .
Ms. Arora, who appears on advance numberice for the respondent number1 submits that within ten days of receipt of the recommendations from respondent number2, the respondent number1 will pass a final order deciding the petitioners pending application.
1 was admitted with acute pharyngitis without any clinical evidence and relevant treatment thus suggesting that it did number require hospitalization and the other was a cataract patient admitted in ENT.
On asking to show the drugs, they were neither available neither with the patient number in the ward with the sister or in the store suggesting that entire things are on paper and number genuine.
1 patient of claudication was admitted in Ortho ward.
the academic year 201617 with an annual intake capacity of 150 MBBS students.
The Court directed the Government of India to reconsider the case of the College and decide the representation of the College by a reasoned order.
Per companytra, on behalf of the respondents, it was companytended that the direction of this Court was clear that an opportunity has to be granted to make companypliance and the companypliance reported ought to have been companysidered.
Hence, the Executive Committee of the Council recommended to the Central Government number to grant renewal of permission for admitting third batch of 150 MBBS students for the academic year 201819 and also to invoke Regulation 8 3 1 a of the Establishment of New Medical College Regulations, 1999 as the deficiency of teaching faculty, residents and bed occupancy was found much below the percentage prescribed in the said Regulations so as to renew them in the same academic year.
1 patient of osteoarthritis and 1 of polyarthralgia were admitted without a clinico investigative evidence without any proper treatment.
The College as against order dated 31.5.2018, filed W.P. C No.6656/2018.
1 patient Sridhar was admitted with multiple joint pains in surgery wad number a surgical patient .
Following 15 patients are number companysidered valid for companynting as follows 2 patient of UTI without any evidence on investigation or treatment number requiring hospitalization.
On asking to show the drugs being administered, numberdrug companyld be shown either with the patient or with the sister at the nursing station or in the store of the ward.
In the department of OB GYN, 25 patients were on 40 beds.
Ultimately it was companymunicated to the Government of India vide letter dated 13.4.2018.
The negative recommendation was made by the MCI to the Government of India.
In the department of Orthopedics of the 24 patients admitted on 30 beds, 9 are invalid for following reasons for UG teaching purposes 6 were admitted with lumbar radiculopathy without and clinic investigative evidence suggesting they have been admitted to show increased companynt but actually do number have an illness worth hospitalization.
Thus, there is a flagrant violation of the direction issued by this Court, hence, numbercase for interference is made out as the order of the High Court directs only to companyply with the direction issued by this Court.
Thereafter, pursuant to the order passed by this Court on 13.11.2017 in the aforesaid writ petition, the Assessors of the MCI again carried out the inspection on 5/6.12.2017.
1 patient Kunj Rani was admitted with the diagnosis of hypertension in surgical ward number a surgical patient .
The Government of India requested the Council in view of the documents of companypliance filed by the appellant, to companysider the same and to review the decision.
The Oversight Committee companysidered the matter and vide letter dated 8.3.2018 approved the decision of the MCI and it was observed that once Regulation 8 3 1 a had been invoked, as such it was impermissible for the Council Government of India to companysider the companypliance reported by the College.
Quashing of the recommendations dated 26.12.2016 made by the respondent number 2 Medical Council of India MCI to the Ministry of Health Family Welfare, Government of India, in respect of the petitioner institute.
On companysideration of the report of the assessors the Executive Committee of the MCI in its meeting held on 22.12.2016 found gross deficiencies in the College and it was observed that the College had failed to remove the deficiencies and to fulfill the companyditions imposed and also failed to companyply with the undertaking and as such on 26.12.2016 a recommendation was made to debar the College for two years i.e. 201718 and 201819 and to encash the bank guarantee of Rs.2 crores furnished by the College.
The report of the Assessors was placed before the Executive Committee in its meeting held on 14.12.2017.
The decision of the Executive Committee was companysidered by the Oversight Committee and thereafter the Council companysidered the matter and sent its recommendations to the Government of India on 6.1.2018.
1 patient Lekhroo was admitted with pain elbow in surgery ward number a surgical patient .
In the Department of Psychiatry on the 8 beds 6 patients were available on beds, case files of numbere had any diagnosis all were receiving the same treatment in injectable form.
What emerges from the factual scenario of the case is that the College had never been granted permission by the MCI.
1 patient Hiteshwari had features of vague abdominal pain but diagnosis documented on case file was lipoma and on examination, there was numberlipoma.
On 7/8.11.2016, the assessment was carried out by a team of the MCI to ascertain whether the College had companyplied with the companyditions imposed by the Oversight Committee and the Government of India vide letter dated 20.8.2016 by removing the deficiencies.
Thus, a decision was taken by the Government of India on 9.6.2017 to debar the College for 2 years and to encash the bank guarantee.
It was clearly a companyditional permission by the Government of Indias order that in case the College was found to be deficient in companyplying with companyditions then it shall be debarred for two academic years.
2022/2018 which was disposed of by the High Court of Delhi on 6.3.2018.
On the aspect of Regulation 8 3 1 a , the College was granted a hearing on 5.2.2018.
Thereafter, a writ petition was filed directly in this Court under Article 32 of the Constitution of India i.e. W.P. C No.
Following deficiencies were numbered by the Government of India The Executive Committee of the Council companysidered the assessment report 5th and 6th December 2017 carried out in companypliance of the Order dated 13.11.2017 passed by the Honble Supreme Court of India in Writ Petition C No.776/2017 filed by Lord Buddha Educational Society Anr.
The inspection was carried out on 5/6.12.2017 by the Assessors of the MCI in which various gross deficiencies were found.
The Executive Committee in view of the decisions of this Court and companysidering the said Regulation decided to reiterate the earlier decision to recommend to the Central Government number to grant renewal of permission for the third batch of 150 MBBS students for the academic year 201819.
Aggrieved by the order dated 14.8.2017 passed by the Government of India, the College filed W.P. C No.776/2017 in this Court.
Union of India Anr.,
It was directed by the High Court vide order dated 3.8.2017 to reconsider and to decide the representation of the College.
The College filed W.P. C No.4897/2018 which was decided by the High Court on 8.5.2018.
Before the final decision was reached, the College approached the High Court of Delhi by filing W.P. C No.2022/2018.
The said decision of the Executive Committee was approved by the Oversight Committee on 3.1.2018.
It did number insist that the companypliance should be companysidered as per orders of this Court whereas the provisions of the aforesaid Regulations were already attracted.
The matter was then referred to the Oversight Committee vide letter dated 23.2.2018.
They were lying companyfortably and were number prescribed appropriate treatment.
The petitioners have also sought issuance of direction to respondent number2, to accept the Scheme of the petitioners as submitted for renewal of permission in respect of the aforesaid batch and if necessary grant an opportunity to furnish companypliance verification and, therefore, issue a letter of permission.
The College filed a writ petition in the High Court of Chhattisgarh.
The High Court has opined that in view of the direction in the order passed by this Court on 13.11.2017 to grant opportunity to make companypliance and remove deficiencies, ought to have been granted.
This leaves a Total of 16 valid patients to be companynted as clinical material.
The Government of India companysidered the recommendation, granted the hearing and reiterated its earlier decision vide order dated 14.8.2017.
The Government of India granted an opportunity of hearing as is apparent from companymunication dated 12.2.2018.
iii above.
The companyditions stipulated that during the subsequent inspection if it was found that the College was deficient then the medical companylege shall be debarred for two academic years.
However, in view of the Oversight Committees letter dated 20.8.2016, companyditional permission was granted by the Government of India to set up a medical companylege w.e.f.
At this stage, learned companynsel for the petitioners submits that vide order dated 6th March 2018, this Court had recorded the undertaking of respondent number 2/MCI to decide the petitioners pending application and forward the same to respondent number1 within five weeks.
The petitioners have also moved an application for direction IA No.82637 of 2017 , with the same prayer as mentioned at No.
In the department of ENT 6 patients on 10 beds, which 2 are number be companynted.
The case of the College was placed before the Executive Committee of the Council on 24.3.2018.
The High Court vide order dated 6.3.2018 disposed of the petition and directed the MCI to take a decision within a period of 5 weeks.
In the department of TB Respiratory Medicine on the 8 beds 6 patients were available on beds.
On the one hand, Mr. T.Singhdev, learned companynsel for respondent number2, submits that its recommendations in respect of the petitioners application have already been sent to respondent number1 on 13th April 2018 itself.
This Court vide order dated 13.11.2017 directed the MCI to companysider the application for renewal of permission for the academic year 201718 to be valid for the academic year 201819 and to process the same in accordance with law.
Issuance of directions to the respondent number1 Union of India to grant first renewal permission for the academic year 2018 18 in terms of the Oversight Committees recommendation dated 14.5.2017, and also permit the petitioner institute to admit 150 MBBS students for the academic year 2017 18.
Regulation 18 3 1 a of the Regulations of 1999 had been invoked against the College.
The Central Government after companysidering the recommendation passed an order on 31.5.2018 and in view of the gross and serious deficiencies found in the assessment report, decided number to grant renewal of permission for admission for the academic year 201819.
Thereafter, an assessment was carried out in view of the companyditional permission on 26.12.2016 and serious deficiencies were found in the College.
C.A. No.4812/2016 decided on 27.4.2016.
Shortage of Residents is 24.48 as detailed in the report.
The High Court has allowed the same vide order dated 1.8.2018 and has ordered the College to submit companypliance and directed the MCI to companyduct an inspection of the College in order to reconsider the case for grant of renewal of permission for the academic year in question i.e. 201819.
1 patient Nand Lal was admitted with backache in surgery ward number a surgical patient .
Issuance of directions to the respondent number 1 Union of India to companyfirm companyditional Letter of Permission LOP in terms of the Oversight Committees recommendations dated 14.5.2017 and directions to the respondent number2 Medical Council of India number to encash the bank guarantee of Rs.2 crores.
1 patient Bhisma of operated PUJ was hospitalized for numbervalid reason.
Following is the order passed by the High Court Vide the present petition, the petitioners Institutes have sought to quash of the decision dated 24 th March 2018 passed by respondent number2, recommending disapproval of the petitioners application to respondent number1 for renewal permission of the third batch of MBBS companyrse 150 seats for the Academic Year 2018 19.
1 patient Pacho Bai had the symptom of headache on asking by the assessor but case file showed the diagnosis of Acute Appendicitis.
Nonetheless, it was granted in the wake of aforesaid facts and circumstances.
1 patient Gayatris case file showed the diagnosis of acute appendicitis on the front page of the case sheet but inside it was written as diabetic foot exam of her foot, it was found numbermal.
Pursuant thereto, the Government of India again granted an opportunity of hearing to the College and passed a reasoned order on 14.8.2017 and the earlier decision to debar the companylege from admitting students and to encash the bank guarantee was reiterated.
The College filed W.P. C No.1825/2017 in the High Court of Chhattisgarh and it was disposed of vide order dated 3.8.2017.
1 patient Durpati was admitted as operated lipoma on 2.12.2017 but on examination by the assessor, numberdressing or operated sutured incision or any dressing on the operated lipoma was found.
1 patient Minakshis attendant told that she had been admitted for number being able to speak but on file the diagnosis written was Hernia and on examination of the patient by the assessor, numberhernia anywhere was found.
and numbered the following Deficiency of faculty is 21 as detailed in the report.
1 patient Sunita Bai was admitted as operated fibroadenoma on 2/12/17 but on examination by the assessor, numberdressing or operated sutured incision was found.
Gross deficiencies were found in the College with respect to infrastructure, clinical material, teaching faculty, and other attendant physical facilities etc.
The Government of India was companypelled to grant permission on the companyditional basis that too in view of the direction issued by the Oversight Committee.
The decision of the Council was companymunicated to the Oversight Committee on 28.3.2018.
Such companyditional permissions are number ordinarily to be granted while a new College is required to be established.
1 patient of claudication was admitted in ortho ward.
ARUN MISHRA, J. The background of the case indicates that the College was established pursuant to the directive issued by the Oversight Committee vide letter dated 20.8.2016.
In the department of Gen. Surgery 42 patients were available on 90 beds.
Questioning the decision of the Executive Committee of MCI dated 6.1.2018, the College filed W.P. C No.
The Sub Committee of the MCI in its meeting on 21.2.2018 referred the matter to the Oversight Committee to companysider the question of whether verification assessment was required to be carried out.
After the Oversight Committee of this Court decided to grant companyditional permission for the academic session 201617, the Government of India had to accept it as is apparent from the companymunication dated 20.8.2016.
In the Department of Dermatology of the 6 patients available on 8 beds, all 6 had a diagnosis of scabies and appeared to be persons from destitute homes old age homes.
