Time to review MCI’s functioning: HC

Nagpur: The Medical Council of India (MCI) came under heavy line of fire from Nagpur bench of Bombay High Court on Thursday over its “adverse attitude” towards Government Medical Colleges (GMCs), particularly the ones in Vidarbha. The apex body was censured by the court which stated that it’s time to have a relook at constitution and functioning of expert bodies like MCI.
“Our experience at times tells us that MCI take decisions which are detrimental to public interest.The ‘oversight committee’ appointed by the Supreme Court should look into its entire affairs,” a division bench comprising justice Bhushan Gavai and justice Vinay Deshpande stated.
The terse remarks came while disposing of a public interest litigation (PIL) by Praful Agrawal, who had sought the opening of GMC in the backward district of Gondia. Earlier, the centre’s counsel Mughdha Chandurkar submitted a letter of June 15 by Union health ministry that had granted ‘letter of permission (LOP)’ to it to start operations from 2016-17 academic session with 100 first year MBBS seats. The permission was granted for one year.
“As observed by us, the entire conduct of MCI while dealing with GMCs is casual and caviler, and caused stumbling block and hindrances in their seats. We’re aware of our limitations and normally don’t interfere in expert body’s functioning. However, when MCI acts in a manner which prevents opening of GMCs or increase in seats, and thereby depriving the patients from backward area from getting proper medical treatment, we don’t have any other alternative, but to act in public interest,” the judges said.
They added that whenever issue of increase in seats arose at GMCs in Nagpur, Akola and Yavatmal and IGGMC, the MCI’s attitude has always been “adversarial”. “It made every attempt to see to it that seats are not increased, even though requisite facilities are available. On occasion, it pointed out hyper technical deficiencies and attempted to act as stumbling block, despite the fact that seats in GMCs enable middle class and lower income groups to take education at much cheaper fees as compared to private colleges,” they judges pointed out.
The court also flayed apex medical regulatory body for challenging all its orders in the Supreme Court, at the cost of precious money of taxpayers. “Our experience is all our orders, some related to just provision of information by MCI, are being challenged in the apex court. It’s possible for MCI, as its officials don't required to pay hefty fees of engaging senior lawyers from their own pockets. When orders to increase seats in four GMCs were passed by us, all of them were challenged through special leave petition (SLP). The SC judges however dismissed their pleas and directed them to comply with high court’s orders,” Justice Gavai noted.
On GMC Gondia’s case, they added that after HC’s various orders, the state rectified all deficiencies, except one, but again MCI gave given negative recommendations. “However, it appears that after various compliments received from HC, better sense prevailed in MCI that urgently circulated an e-mail on June 6 to recall its decision of negative recommendations and requested the Union Health Ministry to grant consent for college opening. Situation hasn’t changed much between the period when MCI changed its opinion,” the judges wanted.