Case Note & Summary
The petitioner, G.R. Medical College, Hospital and Research Centre, sponsored by G.R. Education Trust, filed a writ petition under Article 226 of the Constitution of India challenging the adverse inspection report dated 20.06.2023 issued by the Medical Assessment and Rating Board (MARB) of the National Medical Commission (NMC) and the consequent denial of permission for MBBS admissions for the academic year 2023-24. The college had been functioning for over 20 years and had been granted permission in previous years. The inspection was conducted on 19.06.2023, and the MARB issued a report pointing out certain deficiencies. The college contended that it was not given an opportunity to explain the alleged deficiencies before the adverse report was issued, violating principles of natural justice. The respondents argued that the inspection was conducted in accordance with the regulations and that the college failed to meet the minimum standards. The court, after hearing both sides, observed that the college had been functioning for a long time and that the deficiencies were not so grave as to warrant denial of permission. The court directed the NMC to conduct a fresh inspection within four weeks and permitted the college to continue admissions for the current academic year subject to compliance with the Minimum Standards Regulations and payment of fees as per government order. The court also directed the college to comply with all deficiencies within the stipulated time.
Headnote
A) Medical Education - Admission Permission - Interim Relief - Sections 28, 29, 30 National Medical Commission Act, 2019 - The petitioner medical college challenged the adverse inspection report and denial of permission for MBBS admissions for the academic year 2023-24. The court held that the college had been functioning for over 20 years and had been granted permission in previous years. The court directed the NMC to conduct a fresh inspection within four weeks and permitted the college to continue admissions for the current academic year subject to compliance with the Minimum Standards Regulations and payment of fees as per government order. (Paras 1-10) B) Natural Justice - Opportunity of Hearing - Adverse Inspection Report - The court observed that the MARB had not provided the college with an opportunity to explain the alleged deficiencies before issuing the adverse report. The court held that principles of natural justice require that the college be heard before any adverse action is taken. (Paras 5-8) C) Medical Education - Minimum Standards Regulations - Compliance - The court directed the college to comply with all deficiencies pointed out in the inspection report within the stipulated time and to ensure that the infrastructure and faculty meet the prescribed standards. The NMC was directed to verify compliance before granting final approval. (Paras 9-10)
Issue of Consideration
Whether the Medical Assessment and Rating Board (MARB) of the National Medical Commission (NMC) can deny permission for MBBS admissions to a medical college based on an adverse inspection report without affording an opportunity of hearing, and whether the college can be permitted to continue admissions pending compliance with deficiencies.
Final Decision
The court directed the NMC to conduct a fresh inspection within four weeks and permitted the college to continue MBBS admissions for the academic year 2023-24 subject to compliance with Minimum Standards Regulations and payment of fees as per government order. The college was directed to comply with all deficiencies within the stipulated time.
Law Points
- Natural justice
- compliance with statutory regulations
- interim relief pending final assessment
- doctrine of proportionality
