Colleges Are Established, Fee/Capitalization Fee Is Collected, Then No Teaching Takes Place; A Very Sorry State Of Affairs: MPHC Allows MCI to Encash Bank Guarantee [Read Order]

The Madhya Pradesh High Court on Thursday (10th September) took a serious note of the case of a College, wherein fees were collected from the students by the College, but no teaching took place in the Medical College established by the petitioner Institution.A Single Bench of Justice S. C. Sharma observed,"The present case reflects a very sorry state of affairs prevalent in the field of medical education. Colleges are established, the fee/capitalization fee is collected from the students and then no teaching takes place."The Background of the CaseThe Petitioner before the Court, Shree Aastha Foundation for Education Society (SAFE), had filed a petition being aggrieved by the action of Medical Council of India in encashing the Bank Guarantees furnished by the petitioner, stating that the petitioner Society is a registered Society registered under the provisions of Madhya Pradesh Society Registrikaran Adhiniyam, 1973.It was further stated that the petitioner Society had taken steps for establishment of a Medical College i.e. Modern Institute of Medical Sciences & Sewakunj Hospital & Research Centre in the year 2016-17.A Letter of Permission was issued on 20/08/2016 with an annual intake of 150 MBBS students under the Madhya Pradesh Medical Science University Jabalpur under Section 10A of the Indian Medical Council Act, 1956 for the academic year 2016-17.The petitioner Society further stated that initially the Society and Medical College was being run by some other group of members and due to mismanagement by the earlier Members and Chairman, the College was closed.Further, on 30/11/2018 the new Chairman Mr. Puneet Agrawal took charge and then only he came to know about the mismanagement and irregularities in the College as well as in the Society.The petitioner further stated that the respondent No.3 Medical Council of India through its Executive Committee vide letter dated 26/12/2016, had informed the Union of India that the College had failed to comply with the conditions laid down by the Oversight Committee and the recommendation was made to debar the College from admitting the students for two academic years i.e. for academic the year 2017-18 and 2018-19 and also to encash the Bank Guarantees furnished by the petitioner College.It may be noted that the regulations framed by the Medical Council of India make it mandatory to possess the valid Essentiality Certificate issued by the State Government and Consent of Affiliation from the concerned University.In case of the petitioner, the petitioner Trust submitted an application to the State of Madhya Pradesh for grant of Desirability & Feasibility Certificate and the Desirability & Feasibility Certificate was issued by the State of Madhya Pradesh on 27/09/2013.The State of Madhya Pradesh vide letter dated 23/06/2018 informed the Medical Council of India that on account of multiple irregularities committed by the College reported in the inspection carried out by the Madhya Pradesh Medical Science University, the Desirability & Feasibility Certificate has been cancelled on 19th and 20th June 2018.The students studying in the Medical College in respect of academic session 2016-17 and the students admitted in Advance Medical College, Bhopal, which is again a private Medical College, for the academic session 2016-17 in identical circumstances were reallocated to other recognized private Medical Colleges / Government Medical Colleges situated in the State of Madhya Pradesh.Meaning thereby, the State of Madhya Pradesh was burdened with 295 students who were granted admission in petitioner Medical College i.e. Modern Medical College and Advance Medical College, Bhopal for the academic year 2016-17.On account of the intervention of this Court, they were granted admission in various private Medical Colleges and most of the students studying in the petitioner's Medical College were accommodated in another premium Institution namely M. Y. Medical College, Indore.The Government of India was informed about the development which took place in the matter and the Executive Committee of Medical Council of India also accorded approval for shifting of the students and also for transfer of fees paid by the students to State of Madhya Pradesh so that additional revenue generated from fees can be utilized to upgrade the infrastructure in the Government Medical Colleges in which the students were transferred.The decision of the Executive Committee was communicated to the Government of India – respondent No.1 and State of Madhya Pradesh – respondent No.2 on 14/08/2018. The Central Government on 29/08/2018 granted approval to the decision taken by the Medical Council of India.The Medical College which was established by the petitioner Society was not at all functional. Students were shifted to other Medical Colleges and the Desirability & Feasibility Certificate had also been cancelled.The Petitioner had preferred a writ petition being aggrieved by the action of the State Government in...

Colleges Are Established, Fee/Capitalization Fee Is Collected, Then No Teaching Takes Place; A Very Sorry State Of Affairs: MPHC Allows MCI to Encash Bank Guarantee [Read Order]

Sparsh Upadhyay

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