NMC can't withhold approval of any medical college on ground of ongoing CBI probe: MP HC
The governing board of NMC had decided to withhold the approval of all those Medical Colleges in the country against the Management and Office Bearers of whom the CBI inquiry/investigations were pending.
The Madhya Pradesh High Court has said that the National Medical Commission (NMC) cannot withhold the approval of any medical college on the ground that CBI probe is underway on the admissions effected in the said colleges against the management and trustees of the said medical college. It must be noted that NMC is an Indian regulatory body of 33 members which regulates medical education and medical professionals.
The commission had earlier rejected the application of the college to increase the intake by 100 seats of MBBS course on January 10, 2022. The governing board of NMC had decided to withhold the approval of all those Medical Colleges in the country against the Management and Office Bearers of whom the CBI inquiry/investigations were pending.
The bench of Justice Sujoy Paul and Justice Arun Sharma was hearing a plea filed by petitioner institution L N Medical College & Research Centre, whose request for an increase of MBBS seats from 150 to 250 was turned down by the NMC on the ground that a CBI probe was pending against the Management and Trustees of the institution.
Before the Court, the petitioner institution primarily contended that NMC can take a decision regarding approval or disapproval for an increase of seats by taking into account the criteria mentioned in Section 29 of The National Medical Commission Act, 2019.
It was further argued that the pendency of the CBI probe is no ground to disapprove the request for an increase of seats and since the NMC had denied the request of the basis of the pendency of CBI Probe, it was prayed before the Court that NMC's rejection order be set aside.
The College represented through Advocate Siddharth R. Gupta, assisted by Advocate Shivam Baghel lastly sought a direction to the NMC to decide on their approval unaffected by the pendency of CBI inquiry for the session 2021-2022.
On the other hand, NMC argued before the Court that there were serious allegations of irregularities in the admissions carried out in the year 2013-14 to MBBS UG courses, in view of which allegations only, the UOI and NMC had taken the joint decision to withhold the approval of colleges against whom inquiries pertaining to such serious allegations were pending.
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