Supreme Court used ‘Munna Bhai MBBS’ analogy to point out the gross deficiencies detected in a private medical college during a surprise inspection by National Medical Commission.
The court was hearing a matter related to the National Medical Commission denying permission for an increase in the intake capacity after finding gross deficiencies during a surprise inspection of a private medical college.
Justice D. Y. Chandrachud told senior advocate A M. Singhvi appearing for the college: “I was looking at their additional documents this morning. They say that the patients over there were absolutely hale and hearty! In the pediatric ward, the children who have no problem are there!”
“Have you seen the film Munnabhai?” asked the judge.
“Yes, Your Lordships. It is a delightful movie,” Singhvi replied.
“But, I need some natural justice. I am running since 1992. The number of admitted seats is 100. From 15th July 2021, I get recognition to continue for the next academic year, that is, 2021-22, for the same hundred seats. I applied to increase from 100 to 150…The power to not give me 50 is one part, we are not concerned with it. But the power to withdraw even the continuing 100 does not lie on this inspection, or the MARB (Medical Assessment and Rating Board). MARB is the unit of the Commission that does the inspection…The bizarre thing about the impugned order (of the Bombay High Court by which a fresh inspection was ordered) is that the impugned order does not record any of my contentions. So I filed a modification…my original 100 seats is no point at all. There can be no dispute regarding the 100 seats. My point was only to ask for the additional 50. They came for inspection on Makar Sankranti on 14 January 2022. The Act and the Regulations prohibit inspection on a holiday. Sankranti in Maharashtra is a holiday…”
Justice Chandrachud remarked, “But illness does not stop on Makar Sankranti”
Singhvi said, “They come on a prohibited day!”
Justice Chandrachud said: “But how do you have all these fake patients? Your client does not say that I have no patients because it is Makar Sankranti. You have falsified records that you have patients.”
Later the Supreme court said it has been observed that the High Court has not dealt with the merits of the rival cases at all. “Therefore, it would be inappropriate for this court to enter into the merits for the first time in proceedings under article 136 of the Constitution. The High Court has not dealt with the merits of the rival contentions, we set aside the impugned order of the High Court dated 25 January 2022 and 2 February 2022 and re-store the plea before the High Court. The rights and contentions of the parties are left open. SG Tushar Mehta says that the NMC would seek reasonable time before the High Court for submitting its counter-affidavit. Any such request may be considered by the High Court”, the court said.
