The legal case under review pertains to the deficiencies found in the establishment of new medical colleges as assessed by the MCI. This summary focuses on the court’s legal analysis regarding faculty, infrastructure, and clinical facilities. Explore the implications of these shortcomings and the actions required for compliance. Follow along for key insights and updates on this critical matter.
Facts
- Deficiency of faculty is 67.05% (57 out of 85)
- Deficiency of Residents is 76.59% (36 out of 47)
- AERD not approved for any X-ray machines
- Deficiency of 60 mAx1 X-ray machine | 100 mA x1
- Deficiencies pointed out for the establishment of the College in physical assessment carried out by MCI on 19/20 December, 2018
- Steps being taken to rectify deficiencies and faculty appointments process initiated
- Physical assessment for the establishment of a new Medical College considered by MCI
- Deficiencies found during the assessment for the establishment of a new Medical College
- Rectification of deficiencies requested by the State Government within a period of 30 days
- Deficiencies pointed out in the assessment for renewal of permission for the academic year 2020-2021
- Compliance with deficiencies requested by the MCI
- Communication of deficiencies through letters from MCI
- Deficiencies in faculty, residents, bed occupancy, and OPD attendance highlighted
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Analysis
- Deficiencies in the establishment of new Medical Colleges at Palamu, Hazaribagh, and Dumka in Jharkhand were assessed by the MCI.
- Various shortcomings were identified including faculty and resident deficiencies, low OPD attendance, inadequate clinical material, and extensive infrastructure deficiencies.
- Despite assurances and undertakings by the State of Jharkhand, many deficiencies remained unrectified during subsequent assessments.
- Gross deficiencies were found in ICU and other critical care areas, X-Ray machines, blood bank license renewal, canteen facilities, and nursing staff shortage.
- The lack of equipment and infrastructure in departments like Histopathology, Cytopathology, and MRD, as well as the absence of faculty and nursing staff, contributed to the decision to withhold approval for admissions to new medical colleges.
- The MCI emphasized the importance of meeting required standards for faculty, infrastructure, and clinical facilities before granting permission for educational institutions.
- Despite opportunities given for compliance, many deficiencies persisted, leading to the disapproval of admissions for the academic year 2020-2021.
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Decision
- No action taken to improve the situation
- Pending applications to stand disposed of
- State Government directed to rectify deficiencies pointed out by MCI
- State Government to make an application for renewal of permission for admission of second batch of MBBS students for 2021-2022
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Case Title: DUMKA MEDICAL COLLEGE Vs. BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA (2021 INSC 93)
Case Number: W.P.(C) No.-000932 / 2019
