'Seen Munna Bhai MBBS?' : Supreme Court To Medical College Accused Of Showing Fake Patients During NMC Inspection

At the outset, Justice D. Y. Chandrachud told Senior Advocate A. M. Singhvi, for the college, "I was looking at their additional documents this morning. They say that the patients over there were absolutely hale and hearty! In the paediatric ward, the children who have no problem are there!"

"Have you seen the film Munnabhai?", asked the judge.

"Yes, Your Lordships. It is a delightful movie. But, I need some natural justice. I am running since 1992. The number of admitted seats is 100. From 15th July 2021, I get recognition to continue for the next academic year, that is, 2021-22, for the same hundred seats. I applied to increase from 100 to 150...The power to not give me 50 is one part, we are not concerned with it. But the power to withdraw even the continuing 100 does not lie on this inspection, or the MARB (Medical Assessment and Rating Board). MARB is the unit of the Commission which does the inspection...The bizarre thing about the impugned order (of the Bombay High Court by which a fresh inspection was ordered) is that the impugned order does not record any of my contentions. So I filed a modification...my original 100 seats is no point at all. There can be no dispute regarding the 100 seats. My point was only to ask for the additional 50. They came for inspection on Makar Sankranti on 14 January 2022. The Act and the Regulations prohibit inspection on a holiday. Sankranti in Maharashtra is a holiday..."

At this, Justice Chandrachud remarked, "But illness does not stop on Makar Sankranti"

Dr Singhvi insisted, "They come on a prohibited day!"

Justice Chandrachud observed, "But how do you have all these fake patients? Your client does not say that I have no patients because it is Makar Sankranti. You have falsified records that you have patients"

The bench then proceeded to dictate its order- "The National Medical Commission as well as the medical college are before this court, aggrieved by the order of a division bench of the Bombay High Court at Aurangabad dated 25 January 2022. The medical College was established in 1992 with an annual intake capacity of hundred seats for MBBS course. The medical College submitted an application dated 30 November 2020 for increase in the intake capacity from 100 to 150 MBBS seats for the academic year 2021 to 2022. On 15 July 21, renewal of recognition was granted to the college for the 2021-22 batch with the condition that continuation of recognition would be in accordance with law. The assessors appointed by the NMC conducted a physical inspection on 8 October 2021 and a letter of intent was issued on 16 November 2021. The college submitted an undertaking on 23 November 2021, following which, on 25 November 2021, permission was granted for increasing the intake capacity from 100 to150 seats. On 14 January 2022, a surprise inspection was conducted of the medical College. Based on the report of the inspection, on 19 January 2022, NMC withdrew the letter of permission for increase in the intake capacity and directed a stoppage of the admissions for 2021–20 22", recorded the bench.

The bench further noted that a Writ petition was instituted before the Aurangabad bench of the Bombay High Court by the medical College; that By order dated 25 January 2022, the High Court gave an option to the medical College either to agree to reinspection or to avail of the appellate remedy. "The college having stated that the petitioner would go with the option of having a re-inspection, the following order was passed by the High Court: (...)", recorded the bench on Monday.

The bench further recorded, "The order of the High Court has been challenged by NMC on the ground that the impugned order was passed by the High Court without noticing the provisions of the NMC Act, on the first day of hearing, without calling for the NMC's response. The companion special leave petition has been filed by the medical college. It appears that the medical College also filed a civil application for modification of the earlier order of 25 January 2022 on the ground that the submissions which it made before the High Court were not recorded or dealt with. The High Court has dismissed the civil application on February 2, 2022, noting that it had not recorded the entire arguments advanced by the counsel for the parties and that it was suggested by the court that directions can be given for re-inspection. The High Court has also recorded that the counsel for the medical college had agreed to the option of a fresh inspection"

The bench of Justices Chandrachud and Surya Kant continued to note in its order that "as the record before this court stands, both the medical college as well as the NMC are aggrieved by the order of the High Court". "The NMC is aggrieved because the decision which it had taken was based on gross deficiencies which were noted in the course of the surprise inspection, and the High Court is not justified in simply ordering a fresh inspection without enquiring into the validity of the inspection which was already carried out. The medical college is aggrieved because according to it, there can be no dispute about the original complement of 100 seats", recorded the bench.

"It has been observed that the High Court has not dealt with the merits of the rival cases at all and, therefore, it would be inappropriate for this court to enter into the merits for the first time in proceedings under article 136 of the Constitution. The High Court having not dealt with the merits of the rival contentions, we set aside the impugned order of the High Court dated 25 January 2022 and 2 February 2022 and re-store the plea before the High Court. The rights and contentions of the parties are left open. SG Tushar Mehta says that the NMC would seek reasonable time before the High Court for submitting its counter-affidavit. Any such request may be considered by the High Court", directed the bench on Monday.