JUDGEMENT
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(1.) The Petitioner submitted an application for admission to third batch (second renewal) of 150 students in MBBS Course for the academic year 2018-2019. Inspection was conducted on 8th and 9th November, 2017. The Assessor's report was considered by the Executive Committee of the Medical Council of India. In view of the deficiencies it was decided to recommend to the Central Government not to renew the permission for admission to third batch of 150 students in MBBS Course. The Petitioner was informed about the deficiencies found in the inspection conducted on 8th and 9th November, 2017. The Petitioner submitted a compliance report regarding the deficiencies pointed out in the inspection conducted on 8th and 9th November, 2017.
(2.) The Petitioner was offered an opportunity of hearing and on the basis of recommendation of the Hearing Committee, the Government of India directed the Medical Council of India to review the request of renewal made by the Petitioner. Thereafter, a compliance verification assessment was conducted on 13.03.2018. The Executive Committee of the Council considered the compliance verification assessment report dated 13.03.2018, the previous assessment report dated 8th and 9th November, 2017 along with photographs, videography as well as the representation dated 14.03.2018 of the Dean of the Petitioner College and noted the following deficiencies:
1. "Deficiency of faculty is 22% as detailed in the report.
2. Shortage of Residents was 42.85% as detailed in the report.
3. Patients in PICU:- PICU has three patients. Two patients Swathi and Aravin have admitted with history of Chronic pain abdomen for more than 10 days. Patients with mi nor problems admitted without even as IV line in the ICCU. No coronary ailment patient is admitted in the ICCU. SICU has only routine post operative patients including tubectomy, with no complications. Nursing station available in the SICU.
4. Wards:- In Surgery ward 2 male and 4 female post operative patients are admitted for more than 10 days with no fresh complaints. Four patients who are admitted as inpatient have no personal belongings nor any attendant with them. They were admitted for complaints like Gastritis, vague abdominal pain and are on oral drugs. Out of 60 patients, 10 patients do merit as teaching bed patients. Hence, teaching beds are counted as 50.
Obstetrics wards has 6 post natal patients. Hence out of 28 patients in Obstetrics and Gynaecology ward,only 22 are counted as teaching beds. Last date of delivery is 9.3.2018. Ortho ward out of 21 patients 4 are purely admitted for physiotherapy and one patient is continuing to have native treatment slab for alleged fracture even after 10 days of ad mission. Hence, only 16 patients are taken as teaching beds are taken as teaching beds. Dermatology, psychiatry and TB Chest patients are put together in a single open ward and no separate wards available.
5. There was NIL Normal Delivery on day of assessment as well as on preceding 3 days.
6. Date of Histopathology does correlate with number of Major and Minor Operations.
7. Request slips for issue of blood are available prior to 09/03/2018.
8. Casualty: There were only 4 patients at the time of visit. Crash Cart is maintained. Disaster Trolley is available. Emergency O.T. attached to Casualty shows last procedure on 02/03/02018 - i.e. 11 days before assessment.
9. Other deficiencies as pointed out in the assessment re port."
(3.) The Executive Committee of the Council decided to recommend to the Government of India to invoke Regulation 8(3)(1)(a) of the Establishment of Medical College Regulations, 1999 and disapprove the application of the Petitioner College for renewal of permission for the third batch of 150 students in MBBS course for the academic year 2018-2019. The decision of the Executive Committee of the Council was approved by the Oversight Committee on 28.03.2018. The Petitioner filed Writ Petition (Civil) No. 487 of 2018 which was disposed of on 23.05.2018 directing the Union of India to consider the material to be submitted by the Petitioner before taking a final decision. After considering the contention of the Petitioner that the inspection was conducted in accordance with the Assessor's Guide 2018-2019, the Government of India found no reason to discard the report of the Assessors. By an order dated 31.05.2018, the Government of India accepted the recommendation of the Medical Council of India that the Petitioner was entitled for renewal of permission for admission to third batch of 150 students in MBBS Course for the academic year 2018-2019. Aggrieved thereby, the above Writ Petition is filed by the Petitioner-College.;
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