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2018 DIGILAW 1372 (RAJ)

Jaipur National University v. Union of India

2018-05-29

K.S.JHAVERI, VIJAY KUMAR VYAS

body2018
ORDER : In view of the fact that initially the Supreme Court vide order dt. 9.10.2017 has given power to MCI to have a surprise inspection, pursuant to which inspection was carried out and Central Government itself in its meeting held on 15.1.2018, in respect of petitioner College, has observed as under:- S.No. Name of College/applicant Recommendation of Committee 4. Jaipur National University Inst. Of Medical Sciences & Research Centre, Jagatpura (Pvt.) [Renewal of permission for MBBS course for 3rd Batch (150 seat)] Submissions as made by the college at column 4. No deficiency of faculty and residents has been pointed out. The deficiency of Bed Occupancy would also not hold since the assessors have verified at 64.33% against the requirement of 60%. The committee notes that while the assessors have recorded the date of 4 labs in Pathology department in SAF, a deficiency is raised that the college has 3 instead of 4 service labs. The Committee finds no merit in depriving the college of renewal permission. MCI may review its decision. 2. The MCI was required to review its decision in the light of the above and also in view of further order of the Supreme Court which came to be passed on 17.1.2018 which reads as under:- In the instant case, this Court has directed the Medical Council of India and other respondents to consider the case for the year 2018-2019. The inspection has been made by the Medical Council of India and they have to take a call on the basis of the report as per procedure under the rules. Let the Government of India and Medical Council of India take a decision in the matter by 31st March, 2018 in accordance with law. In case any of the college is aggrieved by the decision so taken would be at liberty to question it in accordance with the law. Nothing further survives for adjudication in the instant matters. The writ petitions are disposed of in terms of the aforesaid direction. 3. Subsequently, the MCI used their power and on 28.3.2018 another inspection was carried out with pre-determined mind not to renew the permission to the College on following deficiencies:- 1. There is gross disparity in salary among faculty & Residents of the same cadre. 2. Senior Resident of General Surgery does not know history of admitted patients, diagnosis & treatment. 3. Subsequently, the MCI used their power and on 28.3.2018 another inspection was carried out with pre-determined mind not to renew the permission to the College on following deficiencies:- 1. There is gross disparity in salary among faculty & Residents of the same cadre. 2. Senior Resident of General Surgery does not know history of admitted patients, diagnosis & treatment. 3. Bed Occupancy was 57.33% at 10a.m. on day of assessment. 4. Patients The following patients of surgery wards registration No.201802260485 name Vijendar admitted on 26th February 2018 for PCNL diagnosis is right rental stone, IP No.201802090472 name Kishan admitted for haematuria on 1st March 2018. On examination he was alright without any complaints. Rg No.201802100022 Nur Mohmd Admitted for right renal stone for PCNL. SR (Dr. Jitendra does not know about the patients. IP No. 2018030200022 nam Lalban diagnosis urethral stricture admitted for MCU investigation. Ip No.201802220426 name Kamal Malhotra is operated for laproscopic appendectomy postoperative day 10 with healthy stitch line. IP No. 2021801030463 Ravi Shankar admitted for AKT toxicity. 201803040020 names Ramdhan admitted for Right cheek sebaceous cyst. IP No.201803030162 name Amir admitted for Enteric fever without any investigation since past five days. In Medicine ward IP 201803030159 name Vinod diagnosis is scabies with upper respiratory tract infection who is clinically all right. In Orthopedic ward 201803030465 Kamal Sahai admitted with Knee pain, 201803030265 Bomaram admitted for poly arthralgia, 201803030275 Amir Khan admitted for right knee pain. 201803030288 name Sikhaben for right keen joint pain, 201803030270 Nathiben admitted for bilateral knee joint pain, 201803040088 Ritaben admitted for pain in right heel, 201803030460 name Ushaben admitted for backache & poly arthralgia. 20180040087 Poojaben, 201803030464 Anishaben admitted for backache. (These patients did not count for bed occupancy as these cases may be treated as OPD cases. Signed evidence sheet is given) These cases are in significant for teaching purpose for students. In Dermatology ward patients say he is admitted for since last few days but case sheets shows IPD No.201803030029 name Mr. Chintuprasad on 3rd March only. Female Dermatology ward all four patients were treated with liq parafine, tab. Antihistaminic and vit C tab only, which indicates these patients need not to be admitted. 5. OPD-In the morning when assessors entered in the institutes at 9.30 a.m. no patients were found in OPD/Registration counter. Chintuprasad on 3rd March only. Female Dermatology ward all four patients were treated with liq parafine, tab. Antihistaminic and vit C tab only, which indicates these patients need not to be admitted. 5. OPD-In the morning when assessors entered in the institutes at 9.30 a.m. no patients were found in OPD/Registration counter. At 2 p.m. when OPD statistics were checked all statistics was mismatched between computer data and manual data available in the respective OPDs. In dermatology computer shows 91 cases registered where as manual register shows 68 cases. Surgery diagnosis is not specific. Mostly symptoms have been mentioned in the manual register. OPD data is higher than the average daily data as reported in ENT, Ophthalmology, Denitistry Departments. 6. There was NIL Normal Delivery & Nil Caesarean Section on day of assessment. 7. There were only 5 Major & 2 Minor Operations for the whole hospital on day of assessment. 8. Data of Laboratory & Radiological Investigations as provided by Institute are inflated. 9. Other deficiencies as pointed out in the assessment report. In view of above, the Executive Committee of the Council decided to recommend to the Central Govt. Not to renew the permission for admission of 3rd batch of 150 MBBS students at Jaipur National University Institute for Medical Sciences & Research Centre, Jagatpura, Jaipur, Rajasthan under Jaipur National University, Jaipur u/s 10A of the IMC Act, 1956 for the academic year 2018-2019." The above decision of the Executive Committee has been approved by the Oversight Committee on 28.03.2018. 4. The representative/officers of the respondents, prima facie supported the finding arrived at by the MCI. 5. We have heard the parties in person. 5.1 Prima facie, the findings which are arrived at by the MCI seem to be contrary to rules, therefore, the same required to be stayed at this stage. In our considered opinion, the findings of the MCI are contrary to rules even the doctor who was Head of the same unit was found to be not knowing all the doctors, therefore, we have used the word pre-determinted. We are further of the view that the petitioner- University is doing quite good and after Central Government recommendation, it requires to be given a chance. 6. In that view of the matter, we are inclined to admit the matter. 6.1 Hence, the petition is admitted. We are further of the view that the petitioner- University is doing quite good and after Central Government recommendation, it requires to be given a chance. 6. In that view of the matter, we are inclined to admit the matter. 6.1 Hence, the petition is admitted. Notice after admission is not required to be issued as the respondents are duly represented. 6.2 The matter is fixed for final hearing on 9.7.2018. 6.3 In the meantime and till disposal of the petition, the order dt. 1.5.2018 as well as dt. 28.3.2018 both are stayed and respondent no.1 is directed to allow the petitioner -College to admit 150 students in the third batch for the Academic year 2018- 19 subject to a rider that if ultimately the petitioner fails in this petition, he will refund all the fees to the students who are admitted pursuant to the order of this court. 6.4 The stay application is accordingly disposed of. 6.5 The Central Government will act upon this order.