DUMKA MEDICAL COLLEGE AND ORS. Vs. BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA AND ORS.

JUDGEMENT

(1.) The Government of India identified three Districts in the State of Jharkhand namely Dumka, Hazaribagh and Palamu for establishing new Medical Colleges. A Memorandum of Understanding was entered between the Ministry of Health and Family Welfare, Government of India and State of Jharkhand under the Centrally sponsored scheme namely "Establishment of New Medical Colleges Attached with Existing District/Referral Hospitals", to establish new Medical Colleges in the State. The State of Jharkhand granted essentiality certificates to all the three proposed Medical Colleges.

(2.) The State of Jharkhand filed an application on 05.07.2018 for permission to establish a new Medical College at District Dumka. The Government of India forwarded the scheme of the Medical College to the Medical Council of India (hereinafter, 'the MCI') on 13.07.2018 for considering the establishment of a new Medical College with an annual intake of 100 students in MBBS course for the academic year 2019-2020. A physical assessment was carried out by the MCI on 19/20th December, 2018. During the inspection, the following gross deficiencies were found: -

(3.) The Petitioner-College was informed by a letter dated 30th January, 2019 by the MCI about the deficiencies and was given 30 days' time to rectify the deficiencies. As no compliance was received, two reminders were sent to the College authorities by the MCI vide letters dated 04.04.2019 and 23.04.2019. Compliance report was submitted by the College on 23.04.2019. A compliance verification assessment was carried out by the MCI on 14th May, 2019. The Council's Assessors found that the buildings were under construction and the Dean of the College was not available.