Karnataka HC Upholds Non-Renewal Of License Of G.R. Medical College Due To Deficiencies, Allows Transfer Of Enrolled Students To Other Colleges

The Karnataka High Court has dismissed a plea filed by a G.R. Medical College Hospital and Research Centre, Mangalore, challenging the National Medical Council's (NMC) denial of renewal of permission for its 150 1st year MBBS Seats for the academic year 2022-23 and the government's decision to transfer the 150 students to different Medical Colleges in the State.

A division bench of Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda dismissed the petition and said “No ground is made out for exercise of extraordinary jurisdiction under Article 226 of the Constitution of India.”

On 13.12.2021, the college was granted permission by the NMC to establish the Medical College for an intake of 150 students from the academic year 2021-22. On September 5 & 6, 2022, an inspection was conducted by NMC. Based on the Inspection Report, the renewal of permission has been disapproved for the academic year 2022-23.

The college contended that the inspection was conducted during the Onam festival and the same is in violation of Regulation 8(3)(1) of the establishment of Medical Colleges Regulation, 1999.

Further, it was argued that the inspection could not have been conducted and completed in two days as the data of the entire academic year had to be taken into consideration. Moreover, it was submitted that the show-cause notice issued by the NMC was vague, as no opportunity was given to the Medical College to cure the deficiencies.

Further, it was stated that the order does not spell out the grounds for disapproval and it is a non-speaking order; and the order passed by the GOI on the second appeal is also bereft of reasons.

The NMC opposed the plea saying it has conducted a 'surprise inspection'. It argued that there was no need to consider the data for the whole academic year. It was argued that Onam was not declared as a Holiday either by the State or Central Governments and it was a restricted holiday, due to which inspection could be conducted. 

The bench noted that the inspection was conducted on September 5 & 6, 2022 and no Holiday was declared either two days prior or two days after the inspection.

It was observed that the Notification issued by the State Government contained the list of General Holidays sanctioned by the Government for the year 2022, as per which Onam was not declared as a Holiday. No other material is placed on record to establish that there was any holiday declared by the Central or State Governments during the relevant period, the Bench noted.

Thus it held “Therefore, the Medical College's contention that inspection was contrary to Regulation 8(3)(1) is untenable.”

In noting that the Medical College had placed on record, the reply dated October 13, 2022, to the show-cause notice, after which a virtual hearing was scheduled and an appearance was made on behalf of the college during the hearing, the bench that reasonable opportunity was provided to the Medical College.

"It is relevant to note that along with the reply to the show cause notice, the College has submitted an explanation with regard to the deficiencies pointed out by the NMC. A careful reading of the same shows that the Medical College has attempted to attribute the deficiencies to the Holiday said to have been declared by the Medical College. Thus, there is no denial of deficiencies,” it held.

In dismissing the plea it held that a reasonable opportunity was given to the Medical College and there was no denial about the deficiencies pointed out by the NMC except for an explanation that the Medical College had declared a Holiday on the day of inspection. 

The bench also noted that admittedly, 150 students were admitted for 1st year MBBS course for the academic year 2021-22, and the permission for renewal had been disapproved by the NMC for the academic year 2022-23, leaving the students in jeopardy.

Thus the Court allowed the State's action to relocate the candidates to different colleges in the State to enable them to pursue their next academic year.

Appearance: Senior Advocate D.R. Ravishankar, for the petitioners/Medical College.

CGC Nayana Tara, for the Union of India.

Advocate N. Khetty, for NMC and Medical Assessment and Rating Board.

AGA Sudev Hegde, for the National Medical Commission

Advocate N.K. Ramesh, for KEA.

Advocate Farah Fathima, for RGUHS

Citation No: 2024 LiveLaw (Kar) 19

Case Title: G R Medical College Hospital and Research Centre AND Union of India & Others

Case No: WRIT PETITION NO.17254 OF 2023 (EDN-RES) C/W WRIT PETITION NO. 22397 OF 2023