Medical student debarred from MBBS studies despite NMC directions for refund of penalty fee, compensation and resumption of classes; DGME asked to report on action taken against the non-compliant college and NMC to explain compliance within a week.
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Court No. - 7
Case :- WRIT - C No. - 4800 of 2024
Petitioner :- Charu Mishra
Respondent :- Union Of India Ministry Of Health And Family Welfare Deptt.Thru. Its Prin. Secy. And 5 Others Counsel for Petitioner :- Shobhit Singh Counsel for Respondent :- A.S.G.I.,Akhilesh Kumar Srivastava,C.S.C.,Mrityunjay Pratap Singh,Mukund Madhava Asthana
Hon'ble Alok Mathur,J.
"Heard Shri Chandar Shekhar Singh, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State, Shri Gyanendra Kumar Srivastava, learned counsel for the National Medical Commission, Shri Mrityunjay Pratap Singh, learned counsel for the opposite party no. 5 and Shri Akhilesh Kumar Srivastava, learned counsel for the opposite party no. 6.
After arguing the matter at some length learned counsel for the petitioner on being confronted with the fact that the National Medical Commission, which has substituted erstwhile Medical Council of India, is alone competent to take a
decision on migration as is being claimed by the petitioner whether from a private to another private medical college or from a private to a Government Medical College as far as may be permissible, has not yet taken any decision in the matter, he submitted that he may be relegated before the National Medical Commission for appropriate decision in terms of Regulation 6 of the Regulations known as Graduate Medical Education Regulations, 1997. However, he also submitted that the fee which she has already deposited with the opposite party no. 5 but has not been allowed to pursue the studies, should be adjusted with the new college if such transfer is permitted. Learned counsel for the opposite party no. 5 has objections with regard to adjustment of fee.
Let the National Medical Commission consider the application of the petitioner which may be submitted within a period of three weeks from today. While considering the application the opposite party no. 5 and such other stake holders as may be relevant, may also be heard by it and thereafter, a considered decision be taken in terms of Regulation 6 referred hereinabove and/or such other regulations or law as may be applicable on the subject. The decision should be taken within the next three months. Consequences shall follow accordingly as per law.
If the petitioner is still aggrieved she can challenge the decision before the appropriate forum/ Court.
It is open for the National Medical Commission to consider all other grievances of the petitioner vis-a-vis the opposite party no. 5 and other opposite parties regarding which it may otherwise have jurisdiction so that entire controversy may be brought to an end effectively and substantively.
With the aforesaid observations/directions, the writ petition is disposed of."
"On perusal of the aforementioned report, the NMC has seen the incident as a disgrace on the part of Mayo Institute of Medical Sciences, which was established to impart medical education to the future doctors who are expected to serve the nation by treating patients in India."
"9. Taking the above facts into consideration, undersigned is directed to request Director, DGME, Uttar Pradesh to take following actions against the College authority and further to make arrangements for resuming the classes of Smt. Charu Mishra:
a. Director the Mayo Institute of Medical Sciences to refund the fee that has been charged in the name of penalty from Smt. Charu Mishra.
b. Director the Mayo Institute of Medical Sciences to compensate Smt. Charu Mishra for the harassment she has faced till date for getting illegally debarred from the college and for further getting forced upon to pay extra fee in the name of penalty. The amount shall be decided by DGME as deemed reasonable.
c. Director the Mayo Institute of Medical Sciences authority to make arrangement for Smt. Charu Mishra for attending the classes and appearing in the examination."
National Medical Commission has been refunded to the petitioner nor has she been allowed to sit in the examinations for the 3rd Year MBBS course on one pretext or the other and, therefore, they have not complied with the aforesaid directions. In this regard, several representations have been made by the petitioner to the DGME dated 12.02.2024.
Order Date :- 3.7.2024 KR
(Alok Mathur,J.)
Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the directions issued by the National Medical Commission dated 05.12.2023 regarding refund of penalty fee and readmission of the petitioner have been complied with by respondent college.
Charu Mishra
Union Of India Ministry Of Health And Family Welfare Deptt.Thru. Its Prin. Secy.
National Medical Commission
Mayo Institute of Medical Sciences
Alok Mathur
As recorded by the court registry
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