Medical Assessment & Rating Board Has Power Under National Medical Commission Act To Shift Students To Other Colleges: Telangana HC

Upholding an order of Medical Assessment and Rating Board for shifting students from two medical colleges to other institutes as the former did not meet the required standards, the Telangana High Court said that the National Medical Commission Act grants the board the power to transfer students from one institute to another. The court was hearing a batch of several petitions–moved by two medical colleges as well as various students, challenging the Medical Assessment and Rating Board (MARB) decision which withdrew the permission granted to the institutions for admission of students. The pleas also questioned the validity of the action of the official respondents in shifting the students to other medical colleges in the State and had sought a direction that the students be shifted back to the two institutes.A division bench of Chief Justice Alok Aradhe and Justice J. Sreenivas Rao upheld the actions of MARB and analysed the provisions of the National Medical Commission Act, stating that the body has the power to stop admissions and suggest the withdrawal of recognition if the institution fails to meet the minimum standards. The court stated that this power is derived from Section 26 of the Act, which pertains to Powers and functions of Medical Assessment and Rating Board. It said:“From a scrutiny of Section 26(1)(f) of the 2019 Act, it is evident that the 2019 Act authorises the MARB to take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against a medical institution for failure to maintain the minimum essential standards specified by the Under Graduate Medical Education Board or the Post Graduate Medical Education Board, as the case may be, in accordance with the regulations made under the 2019 Act. The power conferred under Section 26(1)(f) of the 2019 Act is an inclusive power and therefore, the same is an extensive power.”The court interpreted the provisions and discussed that the term 'measures' which can be taken by MARB have a wide connotation attached to it and it shall include the power to transfer the students from one institution to other. The petitioner had argued that MARB has power to stop admission of students only and has no power to transfer the students. It said:“The aforesaid power is inclusive in nature. Therefore, after the expression “measures”, the comma has been used. The expression “measures” is wide enough to include power to transfer the students. Therefore, under Section 26(1)(f) of the 2019 Act, the MARB has power to transfer the students from one institution to other institution…Therefore, the contention that the MARB is denuded of the power to transfer the students, is misconceived and does not deserve acceptance”The court further deliberated that the MARB has "withdrawn the permission for admission of the students to the institutions" but has "not withdrawn the recognition granted to the institutions". Therefore, the argument that the MARB did not have power to withdraw the permission for admission of the students is misconceived, the court underscored. It also said that in exercise of its powers under the Act, the National Medical Commission has framed 2023 Regulations, which do not have any retrospective application do not apply to the fact situation of the case. Therefore, the contention that under the Regulations, the MARB has no power to transfer the students is misconceived, the court added. The Court concluded that no relief shall be granted to the institutions and the students admitted to the institutions are already continuing with their studies in 13 different medical colleges situated in the State of Telangana since September 7, 2022. The court noted that the students have completed two years three months of MBBS course in institutions to which they have been reallocated."Out of 300 students, only 60 students have come forward seeking their transfer back to TRR Institute of Medical Sciences and the Mahavir Institute of Medical Sciences. It is pertinent to note that the petitioners have failed to implead the 13 medical colleges to which they have been admitted in these writ petitions. 27. It is also noteworthy that majority of the students, namely 240 students in number who are prosecuting their studies in 13 different medical colleges in the State of Telangana, are not before us," the court said. Regarding the petitions filed by the students, the court stated that the students are at liberty to approach the competent authority seeking refund of the fee. It thereafter dismissed the pleas moved by the institutes and disposed of the pleas moved by the students. Case title: TRR Institute of Medical Sciences and others vs. Union of India and batch WRIT PETITION Nos.42853, 42920, 43058 of 2022, 13940, 13976 and 14011 of 2023Click Here To Read/Download Order

Medical Assessment & Rating Board Has Power Under National Medical Commission Act To Shift Students To Other Colleges: Telangana HC

Siddhi Nigam

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