Calcutta High Court (Appellete Side)
& Sanaka Hopitals & Anr vs Union Of India & Ors on 26 December, 2024
26.12.2024
Sl. No.1
Vacation Bench
srm/GB
MAT 2353 of 2024
With
CAN 1 of 2024
Sri Ramkrishna Institute of Medical Sciences
& Sanaka Hopitals & Anr.
Versus
Union of India & Ors.
Mr. Jitendra Singh Bhasin,
Mr. Srijib Chakrabortyh,
Mr. Pankaj Agarwal,
Mr. Rittick Chowdhury,
Mr. Nishant Skukun,
Mr. Aditya Mondal,
Ms. Champa Pal.
...for the Applicants.
Mr. Siddhartha Lahiri,
Mr. Santosh Kumar Pandey,
Mr. Sukanta Ghosh
...for the Union of India.
Mr. S. Banerjee,
Mr. A. Nag,
Ms. Deboleena Ghosh
... for the W.B.M.C.C.
Mr. Sunit Kumar Roy
... for the N.M.C.
Mr. D.N. Maiti,
Mr. A. Santra
... for the Respondent No.5.
1. The petitioners, by filing the writ petition, challenge an
order issued by the second appellate authority on
November 26, 2024, by the Ministry of Health and Family
Welfare, Government of India, wherein their request for an
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increase of 50 seats for the MBBS course for the academic
session 2024-25 was declined.
2. The learned Single Judge, by an order dated December 2,
2024, directed the respondents to file a report in the form of
an affidavit in response to the writ petition within two
weeks. Any exceptions were to be filed by December 19,
2024. The matter was scheduled for hearing on December
20, 2024.
3. On December 20, 2024, the learned Single Judge extended
the deadline for filing the report and the exceptions. The
matter was rescheduled for hearing on January 2, 2025.
4. While the Union raises the issue of the maintainability of
this appeal on the grounds that no Letters Patent appeal
lies against the said orders, we have decided to address the
writ petition on its merits, based on the admitted facts,
without requiring the exchange of affidavits to prevent any
further delay in the final adjudication, which could render
the writ petition infructuous.
5. It appears that the appellants/writ petitioners were granted
permission to increase the intake capacity from 150 to 200
MBBS seats for the academic year 2023-24.
6. The appellants subsequently applied for permission to
increase the intake capacity from 200 to 250 for the
academic session 2024-25, pursuant to a public notice
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issued by the National Medical Commission (NMC) on
August 18, 2023.
7. However, the appellants’ application was rejected by the
Medical Assessment and Rating Board (MARB) by an
order dated April 3, 2024, on the grounds that the
institution had already been allowed to increase the intake
by 50 seats for the academic year 2023-24. Consequently,
the further request for an additional 50 seats for the
academic year 2024-25 was denied.
8. This order was appealed by the appellants before the
NMC, which, on May 29, 2024, affirmed the MARB’s
decision.
9. The order of the NMC was subsequently appealed to the
Union by way of a second appeal, and by an order dated
September 30, 2024, the Union remanded the matter back
to the NMC, citing the failure to conduct an assessment of
the college for the additional seat increase for the academic
year 2024-25.
10. The matter was again heard by the NMC, which, by an
order dated October 15, 2024, declined the request for an
increase in seats, primarily on the grounds that the
institution had been fined Rs. 8,00,000 for deficiencies that
persisted in relation to the existing 200 seats, as indicated
in the institute’s annual declaration form.
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11. The NMC’s order of October 15, 2024, was challenged
before the Union, which, by an order dated November 26,
2024, upheld the decision of the NMC.
12. The operative part of the order issued by the Union is as
follows:
“The aforementioned information clearly shows
that a total 57 faculty was appointed after getting
disapproval from the MARB/NMC and most of them are
recently appointed very recently.
The Committee has noted that the institute was
running with 150 MBBS seats annually and was
granted permission for increase of intake from 150 to 200
MBBS seats in the academic year 2023-24. Therefore, the
institute should be fully compliant with the Minimum
Standard Requirements prescribed for 200 MBBS
admissions annually.
The Committee further noted that a total of 114
faculty is required for 150 MBBS seats, 142 for 200
MBBS seats 168 for 250 MBBS seats annually. If these
newly appointed 57 faculty are not considered, then there
would be only 116 (173-57) faculty available with the
institute. This shows that the College is currently
running with 200 MBBS seats annually and is hardly
complied for the 150 MBBS seats. Considering the same,
the Institute was levied a penalty of Rs.8,00,000/- by the
Under Graduate Medical Education Board of the NMC.
The Committee has also acknowledged that NMC
while rejecting the appeal of the Institute has rightly
pointed out that as per the AEBAS attendance of from
01.07.2024 to 30.09.2024, there was deficiency of 66% in
Anatomy and 25% in Physiology and Bio-Chemistry
which are the subjects are taught in the first academic
year to the UG students.
The Committee further opined that the
contention of the Institute to consider deficiency of
faculty in totality and not Department-wise does not
hold ground as the MSRs are framed Department – wise
and faculty of one Department cannot compensate
deficiency of another Department.
The Committee also observed that the
Departments of Dermatology, ENT, Orthopaedics and
Ophthalmology do not have Professor and the same are
appointed recently.
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The Committee has also acknowledge that the
Institute was grossly deficient in terms of the faculty and
the recent recruitment was made to build a case for
getting permission for 250 MBBS seats annually and the
same is not acceptable from a running medical Institute.
11. The documents and submissions made by the appellant
have been considered by the Central Government. The
Central Government after due examination has decided to
reject the Second Appeal filed by the Shri Ramkrishna
Institute Of Medical Sciences & Sanaka Hospitals,
Durgapur, West Bengal for increase of intake capacity
from 200 to 250 MBBS seats annually for the academic
year 2024-25.
12. Accordingly, the 2nd Appeal dated 22/08/2024 of Shri
Ramkrishna Institute Of Medical Sciences & Sanaka
Hospitals, Durgapur, West Bengal stands disposed of.”
13. In challenging the order dated November 26, 2024, the
appellants contend that the second appellate authority
failed to consider the details provided by the appellants in
the Standard Assessment Form (SAF), which clearly
indicated that the institution was not deficient in the
number of faculty members or in any other regard. The
appellants assert that the SAF was issued to them only on
September 27, 2024, via email, following the remand order
by the Union. Subsequently, the National Medical
Commission (NMC) declined the appellants’ request for an
increase in student intake without issuing a show-cause
notice or providing an opportunity to address the
identified deficiencies.
14. The appellants further argue that the relevant date for
assessing the institution’s infrastructure and faculty
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members for the purpose of increasing the intake should be
the date of submission of the SAF. They additionally
contend that, according to the circulars issued by the NMC,
a deficiency of up to 5% in a private medical college is
permissible. Therefore, the appellants assert that the Union
should have granted permission for the increase in student
seats.
15. The appellants rely on the order dated August 30, 2024,
appearing on page 553, issued by the Ministry of Health
and Family Welfare, Government of India, as well as
another order dated September 30, 2024, found on page 557
of the appeal. The appellants argue that in these cases,
despite deficiencies being noted, the Union allowed the
increase in seats, taking into account the infrastructure and
faculty members of the institutions at the time of the
appeal’s consideration.
16. In contrast, the Union refers to relevant part of the notice
dated August 18, 2023, inviting applications for an increase
in intake. The Union asserts that, on the date of submission
of the application, an institution must have met the criteria
outlined in the Minimum Standard Requirements for
Establishment of New Medical Colleges/Increase of Seats
in MBBS Courses Guidelines, 2023. The Union maintains
that, on the date of the application, the institution was
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deficient in the number of faculty members, and thus, the
request for an increase in intake was rightfully denied.
Additionally, the Union submits that, in reviewing the
order of a second appellate authority, this Court should
refrain from interfering with factual findings.
17. It is also argued that the appellants were given an
opportunity to present their case before both the NMC and
the appellate authority, with all relevant stakeholders
present. Therefore, the Court, in its writ jurisdiction, has no
grounds to alter the factual findings made by these
authorities.
18. It is an acknowledged fact that the appellants were asked
to submit the SAF only on September 27, 2024. However,
we are not persuaded by the appellants’ argument that the
relevant date for determining the number of faculty
members should be the date of submission of the SAF.
19. It is evident that the Medical Assessment and Rating Board
(MARB) rejected the application for an increase in student
intake on April 3, 2024. After this rejection, the institution
recruited 50 faculty members (as opposed to the 57 faculty
members indicated by the Union in the order dated
October 15, 2024). The required number of faculty
members was 168 for 250 MBBS seats. Therefore, prior to
the rejection order of April 3, 2024, the institution had
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recruited 123 faculty members. In its order dated
November 26, 2024, the Union noted that the college, while
currently operating with 200 MBBS students, did not meet
the requirement for even 150 seats.
20. In light of the fact that the appellants were found to be
deficient in the number of faculty members as of October
10, 2024, the appellants cannot argue that the belated
submission of the SAF on September 27, 2024, should
extend the relevant date for the recruitment of faculty
members to that point.
21. We are not inclined to accept the appellants’ assertion that
the date of filing of the SAF on September 27, 2024, should
be considered the relevant date for determining the
number of faculty members.
22. In the circumstances outlined, the appellants cannot rely
on the other orders issued by the Union allowing an
increase in seats, as those decisions were based on the
specific facts of those particular cases.
23. While it is true that the institution should have been
afforded an opportunity to remedy the deficiencies
identified by the MARB after submitting the SAF, on
September 30, 2024, such an opportunity was not provided
in this case. However, at this juncture, we are not inclined
to approve the increase in the number of seats from 200 to
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250, given that the Hon’ble Supreme Court’s order dated
December 20, 2024, in Writ Petition (Civil) No. 833 of 2024
has extended the last date for admission until December
30, 2024. Consequently, the State fixed the date for choice
filling from December 23, 2024, to December 24, 2024.
24. Even if this appeal were to be allowed, students would be
unable to participate in the counselling process, as the last
date for choice filling has already passed.
25. Accordingly, the appeal in MAT 2353 of 2024, along with
CAN 1 of 2024, and the writ petition in WPA 28593 of 2024,
are hereby dismissed.
26. There shall be no order as to costs.
27. All concerned parties shall act upon the server copy of this
order, duly downloaded from the official website of this
Court.
(Uday Kumar, J.) (Kausik Chanda, J.)