NMC Act| Medical Assessment And Rating Board Has The Power To Transfer The Students From One Institution To Another: Telangana HC
The Telangana High Court has held that the MARB has the power to transfer students from one institution to another under Section 26(1)(f) of the National Medical Commission Act, 2019 (the Act).
The Court dismissed Writ Petition filed by TRR Institute of Medical Sciences and Mahavir Institute of Medical Sciences, challenging the withdrawal of permission to admit students by the Medical Assessment and Rating Board (MARB). The Medical Institutions had filed Writ Petitions challenging the MARB's Orders and sought the repatriation of students.
A Division Bench of Chief Justice Alok Aradhe and Justice J.Sreenivas Rao held, “Therefore, under Section 26(1)(f) of the 2019 Act, the MARB has power to transfer the students from one institution to other institution…Therefore, the contention that the MARB is denuded of the power to transfer the students, is misconceived and does not deserve acceptance.”
Senior Advocates D. Srinivas Prasad and Venkat Reddy Donthi represented the Petitioners, while Additional Solicitor General B.Narasimha Sharma appeared for the Respondents.
The TRR Institute of Medical Sciences and Mahavir Institute of Medical Sciences were granted permission by the MARB to admit 150 MBBS students each for the academic year 2021-2022. However, upon MARB’s inspection, deficiencies in respect of faculty, resident doctors, non-functional outpatient services, and inadequate facilities were noted.
Following a show-cause notice issued, the MARB withdrew the permission to admit students. Students from these Institutions were reallocated to 13 medical colleges across Telangana as a one-time measure.
The High Court pointed out, “From a scrutiny of Section 26(1)(f) of the 2019 Act, it is evident that the 2019 Act authorises the MARB to take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against a medical institution for failure to maintain the minimum essential standards specified by the Under Graduate Medical Education Board or the Post Graduate Medical Education Board, as the case may be, in accordance with the regulations made under the 2019 Act.”
“Therefore, the contention that the MARB has no power to withdraw the permission for admission of the students is misconceived. In exercise of powers conferred by Section 57(2) read with Sections 26, 29 and 29 of the 2019 Act, the National Medical Commission has framed 2023 Regulations…Therefore, the contention that under the Regulations, the MARB has no power to transfer the students is misconceived,” the Bench observed.
Consequently, the Court held, “ Therefore, the submission that the proceedings of the MARB, the National Medical Commission and the Central Government are vitiated on account of want of quorum, does not deserve acceptance.”
Accordingly, the High Court dismissed the Petition.
Cause Title: TRR Institute of Medical Sciences & Ors. v. Union of India & Ors.
Appearance:
Petitioners: Senior Advocates D. Srinivas Prasad and Venkat Reddy Donthi; Advocates K. Mamata and M. Sridhar
Respondents: Additional Solicitor General B.Narasimha Sharma; Standing Counsel Gorantla Sri Ranga Pujitha; Assistant Government Pleader R. Nagarjuna Reddy
