Full Judgment Text
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Writ Petition (C) No.932 of 2019
Dumka Medical College, Dumka & Another.
.... Petitioners (s)
Versus
Board of Governors in Supersession of Medical Council
of India & Another.
…. Respondent (s)
With
Writ Petition (C) No.945 of 2019
Writ Petition (C) No.970 of 2019
Writ Petition (C) No.72 of 2021
J U D G M E N T
L. NAGESWARA RAO, J.
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
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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.
Writ Petition (C) No.932 of 2019
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
th
19/20 December, 2018. During the inspection, the following
gross deficiencies were found: -
1. “Faculty & Residents – 100 % deficiency.
2. Bed occupancy – 25.3 %.
3. OPD attendance – 250 against 400.
4. Infrastructure for – LTs, examination hall, central library
residential accommodation, practical lab in pre & para-
clinical not available.
5. Blood Bank – license validity expired.
6. Deficiency of nursing staff- 50 available against required
– 175.
7. No AREB for X-ray machine.
8. Causality – bed occupancy – 0%.
9. OTs – 3 major OTs & 1 minor OT deficiency.
10. No beds in – dermatology, psychiatry, ortho; shortage
of beds in OBG.
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11. No teaching area in OPD & wards.
12. OPD- not computerize.
13. No dressing & Plaster room, no speech therapy”.
3. The Petitioner-College was informed by a letter dated
th
30 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
th
assessment was carried out by the MCI on 14 May, 2019.
The Council’s Assessors found that the buildings were under
construction and the Dean of the College was not available.
4. By a letter dated 23.05.2019, the MCI requested the
Dean/Principal of the College to appear before the Hearing
Committee on 28.05.2019. The Dean/Principal of the Medical
College did not appear. The Hearing Committee decided not
to grant permission for establishment of a new Medical
College at Dumka in view of the deficiencies of faculty (100
per cent) and very low bed occupancy (25.3 per cent). The
MCI communicated the decision not to grant permission to
the College by a letter dated 31.05.2019. The Petitioner
filed this Writ Petition challenging the letter dated
31.05.2019. It was submitted by the Petitioner before this
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Court on 19.08.2019 that all the deficiencies pointed out by
the MCI have been rectified. After recording the submission
made on behalf of the Petitioner, this Court relied upon an
earlier order passed in connection with three Government
Medical Colleges from the State of Bihar and four
Government Medical Colleges from the State of Uttar Pradesh
and permitted the Petitioner-College to be allotted seats
through the Centralized Admission Process, strictly in order of
merit. The Principal Secretary, Department of Health, State
of Jharkhand was directed to file an affidavit that the
deficiencies in question have been rectified and that the
remaining deficiencies will be removed within a period of
three months from the date of the order.
5. To verify the status of deficiencies pointed out at the
th
previous assessment carried out on 19/20 December, 2018
and to assess the infrastructure available with the College,
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an inspection was carried out by the MCI on 15/16
November, 2019 to consider the renewal of permission for
the academic year 2020-2021. The following deficiencies
were found in the assessment.
“Deficiencies pointed out by the assessors for LOP level (for
th
establishment of College) as per the present report (15 &
th
16 November, 2019).
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1. Deficiency of Faculty is 57.62% (34 out of 59)
2. Deficiency of Residents is 75.55% (34 out of 45)
3. Bed occupancy is 42%
4. OPD attendance is 236 against the requirement of 400.
5. Infrastructure for LTs, Examination Hall, Central Library
Residential accommodation, Practical Lab in pre and
paraclinical partially rectified.
6. Blood bank license validity not complied.
7. Nursing Staff is 38 against the requirement of 175.
8. Availability of AERB for X-ray not complied.
9. Casualty bed occupancy partially rectified.
10. Major operation theatre are under renovation, one
major surgery OT is functional.
11. No beds in Dermatology and Orthopedics.
12. Teaching area in OPD and wards not complied.
13. OPD not computerized.
14. No dressing and Plaster room, No Speech Therapy.
15. No salary paid faculty since established.”
Deficiencies pointed out in the assessment report dated
th
15th & 16 November, 2019 for Renewal of Permission for
nd
admission of 2 batch (1st renewal) for the Academic Year
2020-21.
1. Deficiency of faculty is 67.05% (57 out of 85)
2. Deficiency of Residents is 76 . 59% (36 out of 47).
3. Bed occupancy is 42%.
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4. OPD attendance is 236.
5. No LT’s available Classes taken in library.
6. Library not available — under construction Books only
600/1 500 Journals — Nil ‘No Internet
7. No Photography equipment/ staff available
8. No Quarters for teaching non-teaching staff
9. No recreational facility
10. No Gender Harassment Committee
11. 0PD& X-ray space inadequate
12. No teaching area in OPD
13. No plaster room / cutting room in central OPD
14. No Refraction room, dark room minor OT in
ophthalmology OPD
15. No Dressing room in Surgical OPD
16. No audiometery room/ audiometry in ENT OPD
17. Bed deficiency
* 8 in dermatology
* 30 in orthopedics
* Total 38 beds deficiency
* There are no teaching areas, duty room demo room
treatment room in any wards.
18. Only 2 minor OT Cases. No major surgeries
19. Only 10 patients in Casualty in 24 hrs.
18 X-ray
No USG No Microbiology samples
No Hematology Samples
No Histopathology Samples
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No Cytopathology Samples
No Serology Samples
20. MRD non computerized ICDX not followed.
21. In Casualty, no defibrillator, ventilator, mobile X -ray,
minor OT, Central Suction.
22. 3 OTs deficient.
23. 1 minor OT deficient
24. OT's are not equipped and are non — functional.
25. No Pre-operative or Post-operative wards.
26. No ICU, ICCU, SICU available
27. Deficiency of 60 mAx1 X-ray machine | 100 mA x1
28. AERD not approved for any X-ray machines
29. No USG machines available
30. Blood bank license valid till Dec 18,
31. CSSD- not available
32. No intercom available
33. No canteen available.
34. Nursing staff deficiency: -
- 103 Nursing Staff (38/ 141)
27 Sister incharge (0/27)
-
- 4ANS (0/4)
- 2DNS (0/2)
- 1 Nursing Superintendent (0/1)
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- 31 para-Medical staff (67/101)
35. No website available.
36. No teaching programme in place.
37. All pre & para clinical departments are not available —
still under construction.
38. RHTC, UHTC do not have specific visits, OPD’s, cold
chain Immunisation, Health programme.
39. No Salary paid to any doctors since College
established.”
6. The College was directed to rectify the deficiencies
th
within a period of 30 days from 29 November, 2019. The
nd
Writ Petition was listed on 2 December, 2019 on which date
the learned counsel appearing for the MCI submitted that
time for rectifying the deficiencies can be granted to the
st
Petitioner till 31 January, 2020, whereafter an inspection
shall be undertaken by the MCI. Accepting the suggestions
st
made by the MCI, this Court granted time till 31 January,
2020 to rectify the deficiencies. The Petitioner submitted its
compliance by a letter dated 20.01.2020. A compliance
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verification assessment was done on 14 February, 2020 in
which the following deficiencies were found: -
1. Deficiency of faculty is 71.76%.
2. Deficiency of Residents is 80.86%
3. OPD attendance is 315
4. Bed occupancy is 58%
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5. The following deficiencies have still not been rectified:-
Number of patients in OPD
Lecture theatre availability
Photography section
Recreational Facility
OPD space
X-ray
Feeding area in OPD
Plaster room in OPD
Refraction, Dark Room in eye OPD
No audiometry room/audiometry in ENT OPD
Bed deficiency
Major surgeries
MRD computerization
Casualty equipments.
OT’s
Minor OTs
OT equipment
Pre and Post-Operative wards
ICU, SICU, ICCU availability
X-ray machines
AERB approval
Blood bank licence
CSSD
Intercom
Canteen
Nursing Staff deficiency
There is a gross deficiency of clinical material.
th
7. By a letter dated 9 October, 2020, the MCI requested
the Principal of the College to appear before the Hearing
th
Committee on 10 October, 2020. The explanation given by
the Petitioner-College for not rectifying the deficiencies was
not accepted by the MCI and disapproved the case of the
College for renewal of permission for admitting second batch
of MBBS students for the academic year 2020-2021. When
th
the Writ Petition was listed on 27 January, 2021, this Court
directed the State of Jharkhand to file an affidavit giving the
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details of the infrastructure available and other facilities
available in the College. In compliance of the said directions,
a status report was filed by the State of Jharkhand in which it
was stated that steps are being taken to rectify the
deficiencies and the process for making appointments to the
faculty has already been initiated.
Writ Petition No.945 of 2019
8. In response to the request made by the State
Government for establishment of a new Medical College at
Hazaribagh with an intake of 100 MBBS students for the
academic year 2019-2020, a physical assessment was
th
carried out by the MCI on 18/19 December, 2018. The
assessment report revealed the following deficiencies: -
“1. Deficiency of Faculty – 100%.
2. Deficiency of resident – 100%.
3. Bed occupancy of 60%.
4. OPD load of only 300 patients.
5. No office space available for Dean office, Staff or College
council.
6. No lecture theatres in College.
7. No library.
8. No common room.
9. No Hostel for students.
10. No Hostel for nurses.
11. No accommodation for Residents.
12. No accommodation for teaching & non-teaching staff.
13. No sports facility.
14. No space for Medical Superintendent.
15. No Refraction room, dark room, procedure room in
ophthalmology OPD.
16. No audiometry or speech therapy in ENT OPD.
17. No Special Clinic in Pediatrics on OBG/Gyne OPD.
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18. 117 beds out of required 300 are available. Shortage of
beds:
- 57 beds in medicine
- 4 beds in pediatrics
- 8 beds in Dermatology
- 8 beds in Psychiatry
- 8 beds in TB & Chest
- 58 beds in Surgery
- 30 beds in Orthopedics
- 10 beds in ENT.
19. No facilities as per MCI are available wards.
20. Clinical material is grossly inadequate. (300 OPD
attendance, 40 X-Ray, 12 Biochemistry, 10 Microbiology,
30 Hematology, no Histopathology, No Cytopathology)
21. No computerization of MRD.
22. 6 beds short in causality. No Central Pipeline. No
ambubag. No pulse oximeter.
23. 4 major OT & 1 minor OT short. No OTs are functional.
24. No intensive care area available.
25. One 60mA, one 100mA, one 600mA machine short. One
USG machine short.
26. No CSSD available.
27. No Intercom.
28. No Laundry.
29. No Kitchen.
30. No Canteen.
31. No Department wise infrastructure equipment furniture
books etc. are available for preclinical.
32. No website available.”
9. In spite of time being granted for compliance, there
was no response from the College. Ultimately, compliance
rd
was submitted on 23 April, 2019. A compliance verification
th
assessment was conducted on 8 May, 2019 during which
the following deficiencies were found: -
1. Deficiency of Faculty 100%
2. Deficiency of Residents 100%
3. OPD attendance 450
4. Bed Occupancy – 65%
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5. Clinical material: No Microbiology and Histopathology
cases.
6. Total number of beds 230 against requirement of 300 –
Short by 70.
7. Dean Office, Staff Office, Council office – Under
construction.
8. LT: Under construction – not available.
9. Library – Not available, under construction.
10. Common Room – Not available, under construction.
11. Hostel students – Not available, under construction.
12. Hostel Nurses – Not available, under construction.
13. Residents Accommodation – Not available, under
construction.
14. Accommodation for Teaching / Non-Teaching Staff – Not
available, under construction.
15. Sports facilities / Recreation – Not available
16. MS Office – Not available, under construction.
17. Refraction Room / Dark Room Ophthalmology OPD Not
available.
18. Audiometry & Speech Therapy is not available in ENT
OPD.
19. Special Pediatric clinic in OBGOPD – being made ready.
20. Wards – Not as per MCI requirements.
21. Clinic material – marginally improved since last
assessment.
22. MRD – Not available.
23. Casualty – No Central Oxygen pipelines/pulse oximeter.
24. OT: 03 Major & 02 minor available.
25. Intensive care: ICU 5 beds: partially rectified.
ICCU: Nil
NICU/PICU: Nil
26. X-Ray Machines not available.
01 60 mA
01 100mA
01 600mA
27. USG- Not available
28. CSSD - Not available
29. Intercom: Not available
30. Laundry: Out sourced
31. Kitchen: Out sourced
32. Canteen: Not available
33. Department – No infrastructure in place. No equipment
available.
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34. Furniture – Available only for Anatomy, Physiology %
Biochemistry Dept.
35. Books – Available only for Anatomy, Physiology &
Biochemistry Dept.
36. Website -- Not available
37. Other deficiencies –
A) No ramp in the hospital.
B) Distance between hospital beds not as per MCI
requirements.
C) No permanent MS employed.
10. Despite an opportunity being given, the Dean/Principal
of the College did not appear before the Hearing Committee.
st
A decision was taken on 31 May, 2019 not to grant
permission for establishment of a new College at Hazaribagh
in view of the faculty and resident deficiency being 100 per
cent, low bed occupancy being 65 per cent, low OPD
attendance, inadequate clinical material and extensive
infrastructure deficiency. The Petitioner filed this Writ
st
Petition assailing the order dated 31 May, 2019. The order
th
that was passed by this Court on 19 August, 2019 in Writ
Petition No. 932 of 2019, directing admissions was extended
to the Petitioner-College as well, subject to the filing of an
undertaking, the details of which have been dealt with
earlier.
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11. Assessment was made for grant of permission for
second batch of students in MBBS course for the academic
year 2020-2021 and the following deficiencies were found: -
Deficiencies pointed out by the assessors for LOP level (for
th
establishment of College) as per the present report (15 &
th
16 November, 2019)
1. Deficiency of Faculty is 37.2 % (22 out of 59)
2. Deficiency of Residents is 57.7 % (26 out of 45)
3. On the day of assessment: no microbiology
and Histopathology cases.
4. On the day of assessment total no. of beds 230
against requirement of 300 – short by 70.
5. Library availability still under construction.
6. Hostel nurses – not available, under
construction.
7. MS Office – not available, under construction.
8. Audiometry and Speech therapy is not
available.
9. Special Paediatrics clinic in OBGOPD – not
available.
10. Wards – not as per MCI requirements.
11. Clinical material: marginally improved
since last assessment.
12. MRD – not available.
13. Casualty: no Central Oxygen
pipelines/Pulse Oxymeter.
14. OT: 1 major and 2 minor available – not
rectified.
15. Intensive Care – ICU – 5 beds not available.
16. ICCU – Nil
17. NICU/PICU – Nil
18. X-Ray machine – not available.
01 60 mA – not available.
01 100 mA – not available.
01 300 mA – not available.
19. USG – 1 available deficiency partially
rectified.
20. CSDD – not available.
21. Intercom – not available.
22. Laundry: out source
23. Kitchen: out source.
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24. Canteen: available in College, not
available in hospital.
25. No ramp in the hospital
26. Distance between hospital beds not as per
MCI requirements.
th th
Distance pointed out in the assessment report (15 & 16
nd st
November, 2019) for renewal of permission for 2 batch (1
renewal) for the academic year 2020-2021.
1. Deficiency of Faculty is 43.5% (37 out of
85).
2. Deficiency of Residents is 59.5% (28 out
of 47).
3. Library still under construction
4. Books & journals available in make shift
temporary structure.
5. Photography section not available.
6. 32/47 room for Residents available.
7. No accommodation for nursing staff
available.
8. No accommodation (0/32) for non-
teaching staff available.
9. MS Office space not available.
10. OPD Registration is non-computerised.
11. X-ray room in OPD not available.
12. Audiometer not available in ENT.
13. No special clinics in Paediatrics/Obst./
Gynaec. Available.
14. Bed deficiency
- 8 in TB chest
- 8 in Psychiatry
- 8 in skin
- 30 in Gen. surgery
11 in orthopaedics
-
- 5 in ENT
Total 70 beds.
15. Wards do not have nursing station
treatment room, pantry, store room, duty
room, demo rooms.
16. Only 44 x rays.
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17. No Histopathology, Cytopathology,
Micro samples.
18. MRD non-computerised. ICDX not
done.
19. Casualty does not have central
O2/Suction, Crash cart, emergency, drug
tray, ventilator, defibrillator.
20. Only major OT available.
21. No pre- or post-OT beds
22. No ICU, ICCU, SICU available.
23. No separate beds/Eclampsia beds in
Labour room
24. X ray machine
1 x 60 mA
1 x 100 mA Deficiency
27 x 300mA
25. No AERB approval for 600 mA
machine.
26. UGS deficiency
27. CSSD not available
28. No intercom available
29. No central lab available
30. Deficiency or nursing staff
- 97 nursing sister (44/141)
19 sister in charge (8/27)
-
- 4 ANS (0/4)
- 2 DNS (0/2)
- 1 nursing Superintendent (0/1)
31. 53 paramedical staff (48/101)
32. Museum is still under construction
33. No AV wards in paramedical clinical
departmental training area.
12. A compliance verification assessment was conducted
th
on 14 February, 2020 during which the following
deficiencies were found.
1. Deficiency of faculty is 44.7%.
2. Deficiency of Residents is 23.4 %
3. The following deficiencies have still not been rectified:
- Rooms for Residents hostel.
Nursing staff accommodation.
-
- Audiometer availability.
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- Nursing Station, Pantry, treatment room, duty rooms in
ward.
- Histopathology, cytopathology specimen.
- MRD computerisation
- Casualty equipment.
- Minor OT in OPD
- Pre & post-operative beds
- ICU/ICCU/SICU
CSSD
-
- Intercom
- Nursing staff deficiency
- AV aids
- Para clinical depts. Availability
- OT equipments
- There are no discharges and only 59 admission in the
hospital.
- 16 surgeries and no histopathology. This is a clinical
mismatch.
13. After hearing the representative of the Petitioner on
th
10 October, 2020, the request for permission for admitting
second batch of MBBS students for the academic year 2020-
2021 was disapproved.
Writ Petition No.970 of 2019
14. In response to the request made by the State for Grant
of permission to establish a new Medical College at Palamu
with an intake of 100 MBBS students for the academic year
2019-2020, a physical assessment was carried out by the
th
MCI on 18/19 December, 2018 during which the following
deficiencies were found.
1. Faculty shortage of – 100 %
2. Resident shortage of – 100 %
3. Shortage of Nursing staff:- No Nursing Supdt. (1-
Shortage), No Dy. Nursing Supdt. (2 Shortage), No
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Nursing sisters (23 Shortage), 12- staff nurses available
(129 Shortage) and 28 paramedical staff, ‘
4. Dean not available on Assessment.
5. Dean office, office space under construction.
6. Lecture Theatre is under construction.
7. Library is under construction. No book & Journals.
8. No common room.
9. No Hostel available.
10. No quarters available.
11. No Recreational facilities available.
12. No teaching area in hospital.
13. No audiometry & speech therapy in ENT OPD.
14. 168/300 beds available. Shortage of:-
- 42 beds In Medicine.
- 14 beds in Pediatrics
- 08 beds in Psychiatry.
- 08 beds in Dermatology.
- 40 beds in Surgery. –
- 10 beds in ENT.
15. Infrastructure in wards is grossly deficient.
16. OPD load is of 350.
17. Bed Occupancy is 60%.
18. Despite 8+20 surgeries, no Histopathology, no
Cytopathology.
19. Manual MRD, ICDX not followed.
20. No central pipelines in causality. No crash cart.
21. One major & one minor OT short.
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22. No ICCU, No SICU.
23. No equipment noted in intensive care areas.
24. Shortage of one 60mA, One 600mA X-ray machines.
25. Blood bank license till 2015.
26. No canteens in campus.
27. No website.
28. No infrastructure, equipment, books furniture etc. for any
preclinical department.”
15. Thereafter, a compliance verification assessment
revealed that the deficiencies were not removed and
continued as under:
1. Faculty deficiency :100%
2. Residents deficiency ; 100%
3. OPD Attendance : 534
4. Bed Occupancy: 46% .
5. Clinical Material - Pre-clinical labs : Inadequate Only
Hematology & Clinical Pathology
6. Operative Work : Inadequate
- No Major operations -—04 Normal Deliveries
03 Minor operations =) 01 LSCS.
5. Shortage of Nursing Staff : Nursing Superintendent: 01
short
No DNS: 02 Short
No Nursing sisters: 23 short
Staff Nurses : 12; 129 short
6. DEAN: NOT AVAILABLE on the day of Assessment
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7. DEAN OFFICE; Being completed NOT FURNISHED
8. LT: Under Construction — Not available.
9. LIBRARY: Under Construction: NOT AVAILABLE, Also
there are NO BOOKS/JOURNALS.
10. COMMON ROOM: Under Construction
11. HOSTELS: Under Construction — for Boys &Girls
Residents.
12. QUARTERS : 2 Staff quarters are under construction
13. RECREATIONAL FACILITIES: Not available
14. TEACHING SPACE IN HOSPITAL : NOT AVAILABLE
15. ENT OPD: No Speech therapy & Audiometry
16. BED SHORTAGE : Only 168 available against need of
300
17. WARD INFRASTRUCTURE: GROSSLY DEFICIENT
18. No facilities for HISTOPATHOLOGY & CYTOPATHOLOGY
despite surgical procedures being undertaken
19. MRD — Not computerized ICDX — Not followed,
20. CASUALTY: No Central Pipeline or crash cart.
21. OTs: Short by 01 Major & 01 Minor OT
22. ICUs: ICCU & SICU are NOT AVAILABLE. There is NO
EQUIPMENT in the intensive care area.
23. X- Ray Machines : Shortage of 01 30 mA machine
01 600 mA machine
24. Blood Bank: License expired in 2015, renewal applied
on 09-04-2019
25. CANTEEN: None available on campus.
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26. No Website
27. PRECLINICAL DEPARTMENTS : NO INFRASTRUCTURE :
NO EQUIPMENT
NO BOOKS for Departmental Libraries
NO FURNITURE
28. COLLEGE: Under construction
29. HOSPITAL BUILDING: To be constructed — Only
base/foundation work has been stared adjacent to
SADAR HOSPITAL.
30. APPOINTMENT OF DEAN: Additional charge in addition
to holding charge of Superintendent of PMCH Dhanbad.
Dean was not available on the day of CVA.
31. MEDICAL SUPERINTENDENT: Not available. Additional
charge given to John. F. Kennedy on 01/04/2019.
16. As the faculty deficiency was 100 percent and there
was shortage of nursing staff along with very low bed
occupancy and OPD attendance apart from the inadequate
clinical material and extensive infrastructure deficiency, a
decision was taken not to grant permission for establishment
of a new Medical College at Palamu. The said decision was
st
communicated to the College by a letter dated 31 May,
2019 which is impugned in this Writ Petition. The Petitioner-
College was permitted to make admissions for the academic
year 2019-2020, subject to an undertaking filed by the
Principal Secretary of the State of Jharkhand that the
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deficiencies have been rectified and the remaining
deficiencies shall be removed within a period of three months
th
from 19 August, 2019.
17. To consider the request for grant of renewal of
permission for admission of second batch of students in
MBBS course for the academic year 2020-2021, an
assessment was made during which the following
deficiencies were found:
1. Deficiency of Faculty is 58.8% (50/85).
2. Deficiency of Residents is 72% (34/47)
3. MEU not available.
4. Pharmacovigilance Committee not available.
5. LT- Only 1 Lecture theatre is functional. Other 3 are not
equipped & furniture or AV aids.
6. In Library, internet nodes not available.
7. Books in Library on loan from MGM Medical College.
8. No staff and equipments in Photography section.
9. Girl's hostel is not furnished. They are accommodated in
staff quarters.
10. Resident Doctors’ hostel not available.
11. Nurses accommodation not available.
12. Non teaching staff quarters not available.
13. Space for MS office & Admin office is inadequate.
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14. No separate Registration Counters for male and female
in OPD,
15. Waiting area in OPD’s less.
16. Rooms for examination of patients in OPD are
inadequate,
17. No injection room in Medicine OPD. No plaster room /No
plaster cutting room in Orthopedic OPD. No dark room,
dressing room, minor OT in Ophthalmology OPD .
18. No Speech therapy faculty, No audiometry or
audiometric room available in ENT OPD.
19. Bed deficiencies:
- 12 in Pediatrics
- 08 in Dermatology
- 21 in General Surgery
- 04 In Eye
- 10 in ENT
Total 55 beds deficiency.
20. The wards do not have Nursing station (except surgery)
Exam or treatment room, Pantry, store room, Duty room
(except Psychiatry, OBG, Eye Surgery), Demo room.
21. Only 1 major & no minor surgical cases on the day of
assessment Only 35 X-ray. No blood tests. No
pathology, Cytopathology specimens.
22. No clinical Path Samples.
23. No Central 02/Suction in Casualty
24. 2 major OT available instead of 4
25. No Central O2/Suction in OT’s, No multi-para monitors,
defibrillator, infusion pumps in any OT
26. No Pre or post-Operative beds available
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27. No SICU
28. No Central 02/Suction in Intensive Care areas. Nursing
staff is less
29. No septic labour room or Eclampsia room
30. X-ray machine deficiency:
i) 1x60 mA machine.
ii) ii)1x100 mA machine.
31. Blood bank licence expired since 2015
32. CSSD not available,
33. Intercom not available.
34. Laundry — in-house/outsourced hot available,
35. Deficiency of Nursing staff:
125 staff Nurses (16/141 available)
27 Nursing Sister (0/27)
2 DNS (0/2)
1 Nursing Superintendent (0/1)
36. Deficiency of 36 Paramedical staff (65/101)
37. Website inadequate. Does not contain sufficient details
~
38. No teaching schedule/programme in place/provided
39. In Anatomy :
Hispto lab not furnished.
Dissection hall not furnished. 19 tables present.
Museum - only space available
No Models, specimen, Bones etc., No Audio Visual
aids and No Cadaver, Storage tank, body cooling
chamber not available,
No dept. Library, Embalming room not functional
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40. In Physiology: Lab space available but not functional as
not equipped or furnished. No dept. Library, No AV
available.
41. In Biochemistry - Labs - space available but not
functional as not equipped or furnished. No
departmental Library, No AV aids
42. In Pathology, microbiology, Pharmacology, Forensic &
Community Medicine Department only space available.
No equipments or furniture in labs, museum or
departmental library etc.
43. No special visits to RHTC/UHTC
44. Dean was available only for day of assessment.
45. Common room not available.
46. MRD is not computerized. ICD not followed.
47. RHTC/UHTG not attached to College.
18. Taking note of the gross deficiencies, the MCI
disapproved the request of the Petitioner-College for renewal
of permission for admitting second batch of MBBS students
for the academic year 2020-2021.
Writ Petition No.72 of 2021.
19. The Petitioners are students who appeared in the
National Eligibility-cum-Entrance Test (NEET) MBBS
th
Examination held on 17 September, 2020. They were
aggrieved by the decision taken by the MCI not to grant
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approval for admissions to the three Medical Colleges in the
State of Jharkhand at Districts Dumka, Hazaribagh and
Palamu. The grievance of the Petitioners is that 300 seats
out of 580 medical seats in the State of Jharkhand are
allotted to the above named three Medical Colleges. If
permission is not granted to the three Medical Colleges for
making admissions for the academic year 2020-2021, the
chances of the Petitioners pursuing medical course would
reduce. Therefore, they have filed this Writ Petition seeking
th
to quash the letter dated 15 October, 2020 issued by the
MCI by which a decision was taken not to grant renewal of
approval for admission of second batch of MBBS students to
Hazaribagh Medical College. Further, the Petitioners sought a
direction that they should be permitted to participate in the
counselling and admission process for Dumka, Palamu and
Hazaribagh Medical Colleges.
20. Establishment of Medical Colleges at Dumka, Palamu
and Hazaribagh was an initiative taken by the State of
Jharkhand to bolster the availability of medical seats in the
State which would increase the number of Doctors in the
State. However, a perusal of the facts mentioned above
would show that not much interest has been taken by the
State in ensuring that the necessary faculty, infrastructure
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and other facilities are improved. A submission was made
before this Court which led to the passing of an order dated
th
19 August, 2019 that the deficiencies in all the three
Medical Colleges have been removed. While directing
admissions to the three Medical Colleges, this Court directed
an affidavit to be filed by the Principal Secretary, Department
of Health, State of Jharkhand that deficiencies have been
rectified. An affidavit of undertaking was directed to be filed
by the Chief Secretary of the State of Jharkhand stating that
the remaining deficiencies shall be removed within a period
of three months from the date of the order. An affidavit was
th
filed on 20 August, 2019 by the Secretary Department of
Health, Medical Education and Family Welfare, Government of
Jharkhand that certain deficiencies have been rectified and
the remaining shall be rectified within a period of three
months. The Chief Secretary of the State of Jharkhand filed
th
an undertaking on 20 August, 2019 stating that the
remaining deficiencies shall be removed within a period of
three months. In the inspection conducted by the MCI to
consider the renewal of permission for MBBS second batch of
students for the academic year 2020-2021 gross deficiencies
still continued to exist in the three Medical Colleges. Though,
some laxity is shown in respect of medical Colleges
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established by the State Government, permission cannot be
granted for allotment of students to Medical Colleges which
lack the necessary infrastructure and facilities.
21. Permission granted for admission for the academic year
2019-2020 is based on a statement made on behalf of the
State of Jharkhand that the deficiencies pointed out by the
MCI have been removed. It is clear that gross deficiencies
still exist in spite of the affidavits and undertakings filed on
behalf of the State of Jharkhand. No action has been taken to
improve the situation. The State Government is directed to
rectify all the deficiencies that have been pointed out by the
MCI at the earliest and make an application for renewal of
permission for admission of the second batch of MBBS
students for the academic year 2021-2022.
22. For the aforementioned reasons, all the Writ Petitions
are dismissed. Pending applications, if any, shall stand
disposed of.
.................................J.
[L. NAGESWARA RAO]
............................J.
[KRISHNA MURARI]
New Delhi,
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February 16, 2021.
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