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In the case of Medical Council of India vs The Principal KMCT Medical College, a Supreme Court Bench headed by Justice SA Bobde and LNagaswera Rao held that remand by Government of India to the Medical Council of India for review does not impose any restriction on verification of deficiencies that had been pointed out earlier. The MCI, notwithstanding anything is competent to conduct the compliance to the set out standards and guidelines.
Looking into the case the MCI decided to not review the request to admit the 3rd batch of MBBS students against the rise in the intake numbering to 150 in a particular medical college. This was done considering the deficiencies found in the inspection that was conducted. A representation was however made by the college where the college claimed to have rectified the deficiencies based on the documentary evidence submitted. The MCI conducted another investigation where deficiencies were further found. So it recommended not to renew the permission of admission against the intake of 150.
The Kerela’s High Court held that the MCI was bound to give recommendation without further verification and that it’s second inspection was unwarranted. It then advised the MCI to recommend the student intake increase to 150 to the Union Government within three days. The bench held that there was no problem in a second investigation but restricted to the deficiencies found in the former. Remand by the Government of India to MCI does not place any restriction of verification to only deficiencies pointed out earlier. The Appellant that is MCI is free to choose the manner of compliance, be it documentary or physical. MCI is competent to conduct investigation regarding the minimum standards and regulations as well and most importantly.
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