NMC Can't Withhold Approval Of A Medical College On Ground Of Pendency Of CBI Probe Against It: MP HC
Madhya Pradesh High Court ruling that National Medical Commission (NMC) cannot withhold approval of a medical college merely because a CBI probe is pending.
Background
Under the National Medical Commission Act, 2019 (earlier under the MCI), medical colleges require approval/recognition from the NMC to admit students.
NMC has the authority to grant, deny, or renew permissions based on infrastructure, faculty, hospital facilities, and compliance with standards.
In this case, NMC withheld recognition/approval of a medical college solely because a CBI investigation was pending against it.
The college challenged this decision before the Madhya Pradesh High Court.
Legal Issues
Can NMC deny or withhold approval to a medical college merely because there is a pending CBI probe?
Does pendency of a criminal investigation automatically make a medical institution ineligible for recognition?
Whether such a decision violates principles of natural justice and Articles 14 & 19(1)(g) of the Constitution (right to equality and right to practice trade/profession).
Court’s Reasoning (MP High Court)
Pendency of Investigation ≠ Guilt:
Merely because a CBI investigation is pending does not amount to conviction or wrongdoing.
An accused is presumed innocent until proven guilty (Article 21 protection).
Approval must be based on objective criteria:
NMC’s duty is to examine whether the college satisfies infrastructure, faculty, hospital, and educational standards.
Approval cannot be denied on grounds unconnected with academic/medical standards.
Principles of Natural Justice:
Denial of recognition without any finding of guilt is arbitrary.
This would amount to punishment before trial, which is unconstitutional.
No statutory basis:
NMC Act or Regulations do not empower NMC to withhold approval only because of a pending criminal case.
Regulatory decisions must be within the scope of law.
Court’s Decision
The Madhya Pradesh High Court held that NMC cannot withhold approval of a medical college on the sole ground that a CBI probe is pending against it.
Unless the college fails to meet the statutory requirements (infrastructure, faculty, teaching standards, etc.), approval cannot be denied.
The Court directed NMC to consider the approval strictly on academic and infrastructural compliance, not on pendency of a probe.
Supporting Case Laws / Principles
State of Maharashtra v. Dr. Praful B. Desai (2003) – Courts reiterated that statutory authorities must act within the four corners of the law.
Maneka Gandhi v. Union of India (1978) – Any administrative action must be fair, just, and reasonable; arbitrary actions violate Article 21.
Zahira Habibullah Sheikh v. State of Gujarat (2004) – Reaffirmed that presumption of innocence is a cornerstone of criminal jurisprudence.
Key Takeaways
Approval of medical colleges must be based on statutory criteria, not on mere pendency of investigations.
Presumption of innocence protects institutions from arbitrary administrative denial.
NMC has regulatory authority, but it must exercise it in a non-arbitrary, legally justified manner.
The decision reinforces that administrative bodies cannot impose penalties without due process.
⚖️ This ruling is important because it protects medical education institutions from arbitrary decisions by regulators, while still ensuring compliance with academic standards.
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