Time for National Medical Commission to re-look and introspect: Punjab and Haryana High Court

Saurabh Malik 

Chandigarh, August 23

The Punjab and Haryana High Court has asserted time has, in its opinion, come for the National Medical Commission (NMC) to thoroughly re-look and introspect the manner in which limited permissions or provisional recognition and affiliations are being granted.

The Division Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal asserted the practice had resulted in putting at risk innocent students’ career as well as the health of community.

The assertion came as the high court imposed exemplary cost of Rs 10 lakh on White Medical College and Hospital for intentionally “suppressing material facts of the adverse judicial orders passed from 2012 to 2017”.

The Bench asserted the petitioner, earlier known as “Chintpurni Medical College and Hospital”, cleverly revealed orders starting from 2018 which were in its favour. “As such, the petitioner suffers from suppression of material facts to mislead this court, thereby making the petitioner liable for exemplary cost of Rs 10 lakh, which shall be deposited with the Post Graduate Institute of Medical Education & Research (PGIMER) Poor Patients Welfare Funds,” the Bench observed.

The college had moved the court seeking, among other things, directions to the Union of India and other respondents to allow it to continue with the admission of the students for academic year 2021-2022 and 2022-23 “as the same have been duly made in accordance with law”. Directions were also sought to the respondents not to transfer students from the petitioner’s college during the writ petition’s pendency.

The Bench observed, “It is distressing to note that the NMC while filing the interim reply to the writ petition supported the petitioner’s cause while adopting a stand that the students cannot be transferred as a matter of practice but only under the exceptional circumstances. However, thereafter, a detailed reply was filed, by adopting a different stand”

The Judges added members of the expert bodies, like NMC or MARB, had an immense responsibility to ensure the availability of sound and good doctors, who had not only properly studied and passed the examination, but possessed deep knowledge of “the techniques of diagnosis, treatment of the various diseases while undergoing the practical training under the guidance of the specialists”.

The Bench added public health was the backbone of the developing and developed societies. Ever emerging threats; like pandemics, anti-microbial resistance, climate change and natural disasters; required the availability of knowledgeable professionals and specialists to the individuals and the communities.