Rising Need Of Qualified Doctors In India: Delhi High Court Slams NMC For Violating Norms, Presenting 'False Facts' To Deny College Relief

Emphasising on the growing need of qualified doctors in the country, the Delhi High Court has observed that deserving medical colleges must not be unfairly denied the opportunity to contribute in enhancing the strength of medical professionals.

Justice Sanjeev Narula said that augmentation of medical infrastructure is crucial, and hence, the role of regulatory bodies like National Medical Commission (NMC) is "unquestionably significant."

"The authorisation procedure must indeed be strictly adhered to ensure that there is no decline in the quality of medical education. However, at the same time, deserving colleges must not be unfairly denied the opportunity to contribute in enhancing the strength of medical professionals," the court said.

The observations were made by Justice Narula in his judgment on a petition moved by Dhanalakshmi Srinivasan Medical College and Hospital, a Tamil Nadu based institute, for increase of MBBS seats to 250 from 150. The college is affiliated with Tamil Nadu Dr. MGR Medical University, Chennai.

On December 31 last year, the Medical Assessment and Rating Board (MARB) of NMC recommended an increase of 50 seats, taking the total strength to 200. However, being aggrieved by the partial relief, an appeal was preferred before the First Appeal Committee, which was dismissed on February 21 this year.

The committee not only disagreed with MARB but also declined the request for increasing seats in entirety. The original sanctioned intake of 150 seats was restored with observations on certain deficiencies in teaching faculty and occupancy of hospital beds. The second appeal preferred before the Central Government was dismissed on March 17.

On March 30, the court passed an interim order on the college's petition, permitting it to participate in counselling rounds of NEET UG 2021-22 and admit 50 more students in the MBBS course. However, it was clarified that interim permission will not preclude NMC from initiating any action against the college in respect of purported deficiencies.

In respect of the academic year 2022-23, a surprise inspection of the college was conducted by the NMC and a report was prepared wherein the college was found compliant with existing norms in all aspects for 200 seats, except for a minor deficiency in teaching staff.

While the NMC argued that college cannot be granted approval for 250 seats, the counsel representing the medical institution argued that it is fully equipped for increase up to 250 seats. It was further submitted that the NMC was deliberately denying the college the benefit. 

Considering there was a minor deficiency of only 0.49 percent in the teaching staff, the court on October 13 directed the NMC to file an affidavit explaining the criteria for relaxation of deficiencies up to 5% in private medical colleges.

In its response, NMC confirmed that the relaxation of upto 5% on faculty strength was applicable to the college in question, however, it added that if existing facilities available with college as per the MARB inspection report are to be considered for 250 seats, faculty deficiency would substantially increase from 0.49% to 6.9%, which is beyond the permissible limit of 5%.

Analysing the assertions of NMC regarding deficiencies for grant of 250 seats in its affidavit, Justice Narula the inspection report points out to deficiency of only one associate professor in the orthopaedic department of the college. However, it added, when the report is applied for 250 seats, the deficiency would be of 14 faculty members.

"Nonetheless, as against required strength of 202, since Petitioner college would be entitled to the benefit of relaxation norms, it is required to have minimum strength of 192 teachers [i.e., 202 - 10 (5% of 202 seats)]," said the court.

The court said the NMC recorded a shortage of three faculty members in the dentistry department. However, it added that the MBBS Regulations, 2020 state that a separate department of Dental Faculty is not required where a dental college is available in the same campus or city and is run by the same management.

"The shortage of teachers in dentistry department being reckoned as deficiency is a flawed conclusion. The alleged deficiency of 3 faculty members must therefore be reduced from the figure of 14. In fact, the Court perceives NMC's stance of including the dental faculty towards total deficiencies as an attempt to mislead the Court," it added.

The court also rejected NMC's argument regarding shortage in physiology department and said the same has no lawful footing. Regarding the microbiology department, the court said NMC has disregarded 2 assistant professors who were on maternity leave while ascertaining the deficiencies. It said such an approach is contrary to law and outrightly fallacious.

It also rejected the claim regarding deficiency in General Surgery. 

Observing that the college fulfils the criteria for increasing its seats to 250 as per the applicable norms, Justice Narula said deficiencies in teaching staff of Petitioner college are far less than what NMC has portrayed, and is well within permissible or relaxation limit of 5%. 

"NMC's assertions, based on MARB's (expert assessors) findings, of deficiency of 6.9% in faculty, is demonstrably misconceived and erroneous. Petitioner college fulfils the criteria for increasing its admission capacity in MBBS course from 150 to 250, as per applicable norms," the court said.

The court therefore confirmed the interim order and held the petitioner college to be entitled to 200 seats for academic year 2021-22.

Allowing the prayer with regard to the 2022-23 academic sessions, the court directed Centre and NMC to permit the college to take admissions of 250 students in the ongoing counselling of NEET UG 2022, adding that the order be intimated to competent authority or body of the Tamil Nadu Government to add 250 seats in its seat matrix.

HC Orders Enquiry

The court said there was a deliberate effort on the part of NMC to somehow justify its entirely untenable, unsustainable and ex-facie arbitrary action of artificially raising deficiency in faculty to 6.9 percent.

"In the present case, NMC through its acts of omission and commission, has not only violated the norms laid down under relevant regulations, but also completely disregarded the legislative and policy decisions of the Government by issuance of afore-noted impugned orders," Justice Narula said.

Calling NMC's actions in the case highly questionable, Justice Narula said that instead of assisting the court, the additional affidavit - filed pursuant to his directions, presented non-existent deficiencies, based on "false and erroneous facts, in an attempt to deny Petitioner college, the relief it is entitled to, under law."

Observing NMC must not lose sight of its responsibility to maintain accuracy of facts or information presented to the court, Justice Narula directed the Chairperson of NMC to enquire into the circumstances that resulted in filing of the additional affidavit with inaccurate facts and also to take appropriate action in the matter.

Title: DHANALAKSHMI SRINIVASAN MEDICAL COLLEGE AND HOSPITAL & ANR. v. UNION OF INDIA & ANR

Citation: 2022 LiveLaw (Del) 1076

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