NEWS TODAY 14.11.2022

 

NEWS TODAY 13.11.2022

 

Rising Need Of Qualified Doctors In India: Delhi High Court Slams NMC For Violating Norms, Presenting 'False Facts' To Deny College Relief

Rising Need Of Qualified Doctors In India: Delhi High Court Slams NMC For Violating Norms, Presenting 'False Facts' To Deny College Relief

Nupur Thapliyal

12 Nov 2022 1:36 PM

Emphasising on the growing need of qualified doctors in the country, the Delhi High Court has observed that deserving medical colleges must not be unfairly denied the opportunity to contribute in enhancing the strength of medical professionals.

Justice Sanjeev Narula said that augmentation of medical infrastructure is crucial, and hence, the role of regulatory bodies like National Medical Commission (NMC) is "unquestionably significant."

"The authorisation procedure must indeed be strictly adhered to ensure that there is no decline in the quality of medical education. However, at the same time, deserving colleges must not be unfairly denied the opportunity to contribute in enhancing the strength of medical professionals," the court said.

The observations were made by Justice Narula in his judgment on a petition moved by Dhanalakshmi Srinivasan Medical College and Hospital, a Tamil Nadu based institute, for increase of MBBS seats to 250 from 150. The college is affiliated with Tamil Nadu Dr. MGR Medical University, Chennai.

On December 31 last year, the Medical Assessment and Rating Board (MARB) of NMC recommended an increase of 50 seats, taking the total strength to 200. However, being aggrieved by the partial relief, an appeal was preferred before the First Appeal Committee, which was dismissed on February 21 this year.

The committee not only disagreed with MARB but also declined the request for increasing seats in entirety. The original sanctioned intake of 150 seats was restored with observations on certain deficiencies in teaching faculty and occupancy of hospital beds. The second appeal preferred before the Central Government was dismissed on March 17.

On March 30, the court passed an interim order on the college's petition, permitting it to participate in counselling rounds of NEET UG 2021-22 and admit 50 more students in the MBBS course. However, it was clarified that interim permission will not preclude NMC from initiating any action against the college in respect of purported deficiencies.

In respect of the academic year 2022-23, a surprise inspection of the college was conducted by the NMC and a report was prepared wherein the college was found compliant with existing norms in all aspects for 200 seats, except for a minor deficiency in teaching staff.

While the NMC argued that college cannot be granted approval for 250 seats, the counsel representing the medical institution argued that it is fully equipped for increase up to 250 seats. It was further submitted that the NMC was deliberately denying the college the benefit.

Considering there was a minor deficiency of only 0.49 percent in the teaching staff, the court on October 13 directed the NMC to file an affidavit explaining the criteria for relaxation of deficiencies up to 5% in private medical colleges.

In its response, NMC confirmed that the relaxation of upto 5% on faculty strength was applicable to the college in question, however, it added that if existing facilities available with college as per the MARB inspection report are to be considered for 250 seats, faculty deficiency would substantially increase from 0.49% to 6.9%, which is beyond the permissible limit of 5%.

Analysing the assertions of NMC regarding deficiencies for grant of 250 seats in its affidavit, Justice Narula the inspection report points out to deficiency of only one associate professor in the orthopaedic department of the college. However, it added, when the report is applied for 250 seats, the deficiency would be of 14 faculty members.

"Nonetheless, as against required strength of 202, since Petitioner college would be entitled to the benefit of relaxation norms, it is required to have minimum strength of 192 teachers [i.e., 202 - 10 (5% of 202 seats)]," said the court.

The court said the NMC recorded a shortage of three faculty members in the dentistry department. However, it added that the MBBS Regulations, 2020 state that a separate department of Dental Faculty is not required where a dental college is available in the same campus or city and is run by the same management.

"The shortage of teachers in dentistry department being reckoned as deficiency is a flawed conclusion. The alleged deficiency of 3 faculty members must therefore be reduced from the figure of 14. In fact, the Court perceives NMC's stance of including the dental faculty towards total deficiencies as an attempt to mislead the Court," it added.

The court also rejected NMC's argument regarding shortage in physiology department and said the same has no lawful footing. Regarding the microbiology department, the court said NMC has disregarded 2 assistant professors who were on maternity leave while ascertaining the deficiencies. It said such an approach is contrary to law and outrightly fallacious.

It also rejected the claim regarding deficiency in General Surgery.

Observing that the college fulfils the criteria for increasing its seats to 250 as per the applicable norms, Justice Narula said deficiencies in teaching staff of Petitioner college are far less than what NMC has portrayed, and is well within permissible or relaxation limit of 5%.

"NMC's assertions, based on MARB's (expert assessors) findings, of deficiency of 6.9% in faculty, is demonstrably misconceived and erroneous. Petitioner college fulfils the criteria for increasing its admission capacity in MBBS course from 150 to 250, as per applicable norms," the court said.

The court therefore confirmed the interim order and held the petitioner college to be entitled to 200 seats for academic year 2021-22.

Allowing the prayer with regard to the 2022-23 academic sessions, the court directed Centre and NMC to permit the college to take admissions of 250 students in the ongoing counselling of NEET UG 2022, adding that the order be intimated to competent authority or body of the Tamil Nadu Government to add 250 seats in its seat matrix.

HC Orders Enquiry

The court said there was a deliberate effort on the part of NMC to somehow justify its entirely untenable, unsustainable and ex-facie arbitrary action of artificially raising deficiency in faculty to 6.9 percent.

"In the present case, NMC through its acts of omission and commission, has not only violated the norms laid down under relevant regulations, but also completely disregarded the legislative and policy decisions of the Government by issuance of afore-noted impugned orders," Justice Narula said.

Calling NMC's actions in the case highly questionable, Justice Narula said that instead of assisting the court, the additional affidavit - filed pursuant to his directions, presented non-existent deficiencies, based on "false and erroneous facts, in an attempt to deny Petitioner college, the relief it is entitled to, under law."

Observing NMC must not lose sight of its responsibility to maintain accuracy of facts or information presented to the court, Justice Narula directed the Chairperson of NMC to enquire into the circumstances that resulted in filing of the additional affidavit with inaccurate facts and also to take appropriate action in the matter.

Title: DHANALAKSHMI SRINIVASAN MEDICAL COLLEGE AND HOSPITAL & ANR. v. UNION OF INDIA & ANR

NEWS TODAY 13.11.2022

 

NEWS TODAY 12.11.2022

 

278 degrees to non-students: Probe panel in MP medical results irregularities

278 degrees to non-students: Probe panel in MP medical results irregularities

India News

Updated on Nov 09, 2022 05:09 AM IST

On August 16, 2021, seven petitioners approached the Madhya Pradesh high court seeking an inquiry by an independent agency into what they alleged was “mass scale corruption” in the conduct of the 2018-19 examinations in medical and nursing colleges affiliated with the university.

The report, a copy of which HT has seen, says that the university’s report shows a mismatch between the number of those enrolled in the course, and those that got degrees — in 278 cases. 

ByShruti Tomar, Monika Pandey, Bhopal/jabalpur:

278 degrees given to people that were never students; overwritten answer sheets; and revaluation when the rules offer none — these are some of the grave findings highlighted by a five-member committee headed by retired Madhya Pradesh high court judge KK Trivedi probing irregularities in results of the Madhya Pradesh Medical Science University.

On August 16, 2021, seven petitioners approached the Madhya Pradesh high court seeking an inquiry by an independent agency into what they alleged was “mass scale corruption” in the conduct of the 2018-19 examinations in medical and nursing colleges affiliated with the university. There are 954 private and government medical colleges, nursing colleges and paramedical colleges affiliated with the university in the state.

On October 4, 2021, a bench of chief justice Mohammad Rafiq and justice Vishal Dhagat ordered the state government to form a high-level committee headed by a retired judge of the high court, a police officer and three experts to investigate the allegations. The state government formed the committee under Trivedi seven days later.

The committee probed complaints filed by the seven different petitioners in several medical and paramedical colleges and submitted its findings to the court in July, and these are expected to be discussed at the next date of hearing on January 2, 2023.

The report, a copy of which HT has seen, says that the university’s report shows a mismatch between the number of those enrolled in the course, and those that got degrees — in 278 cases. The university took action only “in respect of a few candidates and institutions”, the report says. In most of these instances, according to the report, the mark sheets were issued “in the name of other candidates whereas the enrolment number reflects a different name.”

“From the analysis it is clear that all three, the colleges, the university and the IT agency, have acted hand-in-glove in this mischief. It is unbelievable that in the garb of making corrections to the application form for taking part in the examination, altogether complete changes are made and a person who was not even a student in the college and never shown as admitted and enrolled in the university is permitted to take part in the final examination and go with a degree in his/her hand,” the report said.

Mindlogics Infratech, a private IT company was given the contract for delivering question papers under the university and declaring the results of 2 lakh students.When contacted on the number given on website, no one responded.

The five-member committee also included additional director general of the cyber cell of the state police, Yogesh Deshmukh said the report was submitted and the court will take decision accordingly.

Detailing the modus operandi behind these fraudulent degrees, the report said that colleges apply to the university for minor corrections in examination entry forms. “The university in turn, without conducting any inquiry, solely on the discretion of the authorities of the university, directs the IT agency to reset (re-open) the portal. After the portal is reopened, the entire data relating to the student is changed by the college, except the enrolment number-- even the name, father’s name, gender etc (are changed). Once this change is locked, the system of the IT agency automatically generates the admit card in the name of the fraudulent candidate.”

Other irregularities found by the committee include giving passing marks to students where their answer sheets are overwritten during “revaluation and special revaluation.” The report identified a list of 13 students of different colleges (the report doesn’t have names of the college), who took admission under the NRI quota in MBBS and BDS courses in the 2018-19 academic year. 11 of them failed in the annual examination in 2018, but passed during revaluation, and two more who failed in the revaluation too, were given passing marks in a “special revaluation.” The answer sheets of these students bore evidence of overwriting, the report said.

This is especially interesting because the rules do not allow for a revaluation.

“Surprisingly, it was noted that even though there was no provision of revaluation in the entire scheme of conducting examination as prescribed in Ordinance VI of 2014, not was revaluation done but in some cases special revaluation was also done and the results of such students were declared through a special result committee. This raises a serious question as to why this option of “special revaluation” was not made available for all students when it was granted and executed for a select few which points towards favouritism.”

The report also records former exam controller Vrinda Saxena as admitting that she was pressured to favour some students. The report says: “When a specific question was asked to Dr. Vrinda Saxena, the then Controller of Examination, that whether at any point of time any attempt was made by anyone to manipulate the examination results, she hesitatingly stated that on two occasions such attempts were made and she was asked to favour certain students.” Vrinda Saxena couldn’t be reached for comment despite several calls.

The report has attached two papers that show such requests, one allegedly hand written by TN Dubey, the then Vice Chancellor of the University, and another by registrar JK Gupta.

“The first paper written by the VC Dubey contains five names of students with their roll number and enrollment number and the second, a printed document, the names of seven students. Though it was stated that there was no change made in the results of the aforesaid students , this is enough to demonstrate that the then officials posted in the university were not working honestly and fairly,” said the report.

Dubey said, “This is in the past. The day I left the university on August 15, 2021, I left things behind and don’t want to discuss it.”

Then registrar JK Gupta said, “In fact, action was taken against whistleblowers. I probed the matter first in July2021 and gave a report to the state government with the recommendation to black list the IT company. But I was removed from the postof registrar. I moved the courton July 28, 2021 and was reinstated, so they suspended me. The real culprits went untouched.” Gupta declined to elaborate on his allegations.

Another doctor, Tripti Gupta, said that she was terminated from her position at the university on November 4(2021 or 2022) for raising these issues. “I sent an email to the vice chancellor highlighting the irregularities and was punished for unearthing the truth,” Gupta said.

Vishal Baghel, one of the petitioners in the case said, “This shows the massive corruption and fraud in the university. We are pleading before the court to cancel the degrees of students who received degrees in place of other enrolled students.”

Health expert and Vyapam scam whistleblower Dr Anand Rai said, “What this means is that several unqualified people are roaming around with medical degrees. We have raised this issue many times but it is now on record. The degrees of such students should be cancelled.”

The university vice-chancellor Dr Ashok Khandelwal said, “The action was taken by the state government, who are responsible for the irregularities. Now, we have strengthened the system and made the system transparent.”

Madhya Pradesh medical education minister Vishwas Sarang said, “We have taken action against people involved in irregularities. More action will follow if directed by the court.”