States Should Follow NMC Standards While Setting Up Government Medical Colleges: Supreme Court

A Bench of Justices BR Gavai and CT Ravikumar made this observation while hearing a set of writ petitions challenging the decision of the Medical Council of India (now NMC) refusing to issue Letters of Permission to eight colleges, possessing a total of 800 seats, in the three states. In its order, the court added that the Centre as well as the NMC have ample powers to take steps, if there are deficiencies within the medical colleges.

“The respondent states are bound to adhere to the standards prescribed by the regulatory authority, NMC. If there are any deficiencies, NMC and Centre have ample powers to take such steps as are permissible in law.”

In June, 2018, the Court was informed by the three states, via affidavits that various steps were being taken to remove the deficiencies pointed out by the NMC. Based on that assurance, the court had granted permission to start the MBBS course in these medical colleges from the academic year 2018-2019 onwards. The Court had also directed the NMC to carry out inspections to check whether states have removed those deficiencies or not.

In that hearing, the Bench had come down heavily on the three states for the poor infrastructure of their government medical colleges.

These questions were posed to NMC during the hearing today.

“You are satisfied that there are no deficiencies now?”, the Bench asked the Advocate Gaurav Sharma, appearing for the NMC.

The advocate appearing for the Bihar said,

“We had filed an affidavit on how deficiencies have been removed. We are adhering to the timelines given (in the 2018 affidavit). There are no complaints now.”

The Bench was prompted to close the matter after observing that NMC, after carrying out periodic inspections, noted that the deficiencies which were pointed out in the medical colleges have been rectified by the respective states.

“Advocate Gaurav Sharma for MCI (now NMC) states that periodical inspections are being carried out with regard to the aforesaid medical colleges established by the three states. In that view of the matter, no purpose is served by keeping the matter pending.”

With this, the Court added the all those students who were admitted during the 2018-2019 academic year should be treated as regular students.

“Needless to state that the permission for starting course in the respective colleges was granted by this court for students who have undertaken degree courses, they are required to be treated as regular students and would be entitled to the same benefits and privileges as having passed from medical colleges which were granted permission in accordance with law”.

Case Title: State of Bihar vs MCI | Writ Petition(s)(Civil) No(s). 634/2018

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