The Madras High Court on Monday quashed orders of Medical Council of India (MCI) debarring two private medical colleges from admitting students and declining renewal of approval to another medical college. The matters were sent back to MCI for a fresh consideration.
Adhiparasakthi Institute of Medical Sciences and Research, Melmaruvathur, was granted approval for MBBS course in 2008 with an annual intake of 150 students. Since then, its approval was renewed every year. As the Central Bureau of Investigation (CBI) registered a case against its dean and other functionaries, the MCI kept its application for approval pending. The CBI filed charge sheet before the Additional Chief Metropolitan Magistrate Court (ACMM), Egmore, against the institution’s managing director, secretary, dean and others. They were discharged by the court last April.
Similarly, Shri Sathya Sai Medical College and Research Institute was facing a CBI case, but the ACMM Court discharged its chairman and Vice-Chancellor from the case.
However, the MCI, at its meeting held on June 25, decided to debar Adhiparasakthi Institute of Medical Sciences and Research and Shri Sathya Sai Medical College and Research Institute in Kancheepuram district. These institutions challenged the orders of MCI.
The colleges contended that the MCI issued permission to as many as six institutions notwithstanding the pendency of CBI cases against those institutions.
The same consideration was not shown to them.
Disposing of the writ petitions, Justice K.K.Sasidharan said, “The action of debarring colleges would involve serious consequences and as such, the petitioner should have been given a reasonable opportunity. The minutes clearly show that other institutions involved in such kinds of misconduct were all given opportunity to submit their version. The impugned order is, therefore, liable to be set aside solely on the ground of violation of principles of natural justice.”
Quashing the MCI orders debarring the two colleges, the Judge remitted the matter to the MCI for fresh consideration.
Meanwhile, the court also set aside an MCI order rejecting the application by Tagore Medical College and Hospital, Vandalur, for permission to admit students for academic year 2013-14. Remitting the matter for fresh consideration, the Judge also directed the MCI to consider afresh the college’s plea for renewal of permission for the academic year in view of its having fulfilled the requirements for grant of renewal.
