On 16/02/2021, division bench of Hon’ble Supreme Court of India in Writ Petition (C) No. 932 of 2019, titled Dumka Medical College, Dumka & Another. Vs. Board of Governors in Supersession of Medical Council of India & Another, has delivered an important judgment in which, the State of Jharkhand filed applications for permission to establish three new Medical Colleges with an annual intake of 100 students in MBBS course in each college for the academic year 2019-20 at District Dumka, Hazaribagh and Palamu. MCI did not grant permission to the three government Medical Colleges on the ground of faculty deficiency, shortage of nursing staff along with very low bed occupancy and OPD attendance apart from the inadequate clinical material and extensive infrastructure deficiency etc.

Hon’ble Supreme Court, while directing admissions to the three Medical Colleges, 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 filed on 20th 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 an undertaking on 20th 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. Therefore, MCI decided not to grant renewal of approval for admission of second batch of MBBS to three government Medical Colleges

Three writ petitions were filed by the State of Jharkhand before Hon’ble Supreme Court, challenging the decision of MCI of not granting renewal of approval for admission of second batch of MBBS to three government Medical Colleges.

One writ petition was filed by the students who appeared in the National Eligibility-cum-Entrance Test (NEET) MBBS Examination held on 17th September, 2020. They were aggrieved by the decision taken by the MCI not to grant 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.

Hon’ble Court has observed and directed that, 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.