Bombay High Court Hears Writ Petition Concerning Alleged Unrecognized PG Medical Admissions at a Private College. Students Allege Collusion and Seek Transfer to Recognized Institutions with Compensation.

Writ petition under Article 226 of the Constitution of India challenging fraudulent misrepresentation and seeking relief for students admitted to unrecognized post-graduate medical courses.

The petitioners sought directions to stop admissions in the respondent medical college from 2018-19, to reject renewal proposals for unrecognized courses, to absorb the petitioners into second-year PG courses in recognized government or private medical colleges, to protect their admissions from adverse action, to institute an enquiry into collusion and misrepresentation by authorities, and to direct the respondent college to pay compensation of Rs. 25 lakh per head for mental harassment and loss of education opportunity.

The petitioners filed the case alleging that respondents Nos. 2 to 8 fraudulently misrepresented that respondent No. 7 college was a recognized institution for PG admissions for 2017-18, inducing them to pay high fees and join courses despite the college lacking basic infrastructure and without valid renewal of recognition for many specializations.

The petitioners argued that all PG courses in the respondent college except pathology had lost recognition in 2015, 2016 or 2017 and had not been renewed; the college, run by a politically influential MLA, exerted clout over authorities including MCI, DMER and MUHS, and created false information on websites and brochures; the MCI Executive Committee minutes from 2014, 2015 and 2017 showed inspections revealing lack of infrastructure and recommendations to discontinue or withdraw recognition and to stop admissions; the college had ghost faculties and non-payment of salaries; and the petitioners took admission under a bona fide belief in recognition and are now entitled to be absorbed in recognized colleges with compensation. The respondents Nos. 6 and 7 argued that a medical college is entitled to admit students after obtaining permission under Section 10-A of the Indian Medical Council Act, 1956, even before recognition under Section 11; Rule 6(2) of the Postgraduate Medical Education Regulations, 2000 provides that an application for recognition is made only when the first admitted batch is due to appear for final examination at the end of the third year; prior to the 1992 amendment, colleges could start courses without permission and seek recognition later; and during pendency of the writ petition, some courses had been recognized or recommended for recognition by MCI, thus protecting the interests of the petitioners.

Education has never been commerce in this country. Making it one is opposed to the ethos, tradition and sensibilities of this nation. The argument to the contrary has an unholy ring to it. Imparting of education has never been treated as a trade or business in this country since time immemorial. It has been treated as a religious duty. It has been treated as a charitable activity. But never as trade or business. Unni Krishnan, J. P. -vs- State of A.P., reported in 1993 SCC (1) 645 By way of present petition the petitioners/students are raising a grievance against the respondent authorities as well as the respondent medical college, thereby alleging that by fraudulent misrepresentation by the respondent Nos. 2 to 8 the petitioners were made to believe that the respondent No. 7 college was a recognized college for PG admissions in the year 2017-18, and they were persuaded to seek admission to various specialization in P.G. course in medicine by paying daunting amount of fee, despite the college not having even basic infrastructure and renewal of recognition. All the PG courses administered in the respondent college except pathology, have lost the recognition way back in 2015, whereas two other courses in 2016 and 2017. According to her none of these courses have been granted renewal of recognition despite the recognition period of 5 years having been completed way back in 2015. The MCI Executive Committee's Minutes of Meeting dated 20.11.2014, 17.08.2015 and 28.12.2015, demonstrate that the Executive Committee of the MCI as well as the Post-Graduate Medical Education Committee of the MCI have time and again conducted inspections in the respondent college and found that the infrastructure and facilities in the said college are lacking in every respect. The inspection reports also show that they have recommended in each of their minutes of the meeting to ‘discontinue recognition of some of the MBBS course’ or ‘withdrawal of recognition of MBBS course’ or ‘return the PG applications and disapprove the scheme of admissions for 2017-18’. It is only owing to political clout and extraneous considerations that despite having absolutely lacking infrastructure and non-renewal of recognition for more than 7 years in few of the courses and 3-4 years in most of the courses and despite of recommendation of the Executive Committee of the MCI to stop admissions of PG courses, the college has managed to continue to admit students, in collusion with other authorities. A college is entitled to make admissions immediately after grant of permission u/s. 10-A of the Act of. Thus, according to him the students could be admitted even before recognition to the course u/s. 11. Rule 6 (2) of the Postgraduate Regulations, 2000, which provides that a Medical Institute shall apply for recognition when the first admitted batch is due to appear for examination conducted by the University i.e. the final examination at the end of third year in case of P.G. course. According to him in other words, an institution cannot make an application for recognition unless the students are already admitted and are due to appear for their final examination to be held at the end of third year. Prior to the amendment, the Indian Medical Council Act, 1956 had S.11 which speaks of recognition immediately after S. 10. Prior to the amendment, the institutes would start a Medical College without any permission and apply for recognition straightway when the first batch of students were due to appear for their final examination. During the pendency of this Writ Petition, the MCI has recommended to recognize even these courses. Thus, he submits that, now, the interest of all the petitioners is protected. Degrees that would be obtained by all the petitioners would be recogn...

Writ Petition No. 594 of 2018 was filed before the High Court of Judicature at Bombay, Bench at Aurangabad. The petition was heard and reserved for judgment on 18th September 2019, and pronounced on 20th March 2020.

• Indian Medical Council Act, 1956: 10-A, 10-B, 11
• Postgraduate Medical Education Regulations, 2000: 6(2)