In a big blow to the Medical Council of India, the Supreme Court on Tuesday backed the court-appointed Oversight Committee’s approvals given to medical colleges, despite questions being raised by the MCI and a social activist that in some cases the colleges in question lacked the requisite infrastructure or faculty for admitting students in the MBBS course.
The Bench of justices Anil R Dave and l Nageshwar Rao dismissed a petition filed by a Madhya Pradesh Government physician Anand Rai and an accompanying application by the MCI finding no ground to doubt the decisions taken by the committee, headed by former CJI RM lodha and comprising renowned doctor Shiv Sareen and former CAG Vinod Rai.
The Court, however, allowed the petitioner to present his suggestions in form of a representation before the Oversight Committee to ensure all precautions are taken while allowing approval to a college. Rai’s counsel senior advocate Parag Tripathi showed an instance to demonstrate his case.
According to the petitioner, on August 8, a Raipur-based medical college RBM Institute was refused approval for this academic session by Delhi High Court on grounds that it had zero infrastructure and faculty. Three days later, the Oversight Committee granted approval, regardless of the Court order.
Appearing for MCI, senior advocate Vikas Singh submitted that the medical regulator allowed two inspections for every college to conclude whether or not an institute should be allowed approval to admit MBBS students.
But with the Oversight Committee, there was no scope for physical verification. Moreover, even the past verification records of MCI were not being consulted.
The MCI said that the panel was meant to review its decisions but in essence, it went beyond its mandate of monitoring by virtually replacing it. After taking over its function, the Committee had given nod to close to 100 medical colleges without a fair and objective assessment of its facilities, infrastructure and teaching staff. “It involves the lives of over 6,000 students whose careers will be in grave danger if they pass out from such institutes,” the panel added.
The Bench felt that since counseling for medical admissions had begun, it was in the interest of students that no further confusion is created. The Court refused to entertain the petition following which MCI withdrew its application.
Earlier in the day, the Court personally asked the petitioner Rai to explain his interest in filing the petition. The Court said, “We want to know what interest you have in filing this petition and whether it is a genuine interest.”
Rai, who choked while explaining his bonafides admitted that his goal was to expose corruption in medical admissions and wanted lodha panel to ascertain the claims of medical colleges by either seeking physical verification or a video proof of their existing building, staff and faculty.