Calcutta High Court: In a significant development for postgraduate medical education, the Calcutta High Court has set aside the order of the second appellate authority concerning Santiniketan Medical College and directed a fresh and comprehensive inspection of its proposed postgraduate (PG) courses.
The case arose after the college sought permission to start several PG medical courses. According to submissions before the court, the institution had already taken substantial steps, including the appointment of faculty members, procurement of medical equipment, and strengthening of hospital infrastructure in line with regulatory requirements.
An inspection was conducted by the Medical Assessment and Rating Board (MARB), an autonomous body under the National Medical Commission (NMC). Based on this inspection, the Postgraduate Medical Assessment Board issued a letter of disapproval. The report cited concerns such as alleged ghost faculty, fake patients, and deficiencies in infrastructure and equipment.
Challenging the disapproval, the college filed a first appeal. The first appellate authority, in its order dated 9 January 2026, observed that the inspection committee had examined only three departments out of a total of sixteen proposed PG departments. It held that conclusions drawn for all sixteen departments based on inspection of only three could not be sustained. Accordingly, it directed that a fresh surprise inspection of all departments be conducted and that decisions be taken individually for each department.
However, when the matter reached the second appellate authority, the earlier order was upheld without explicitly directing a fresh inspection as mandated. Aggrieved by this outcome, the college approached the High Court through a writ petition.
After hearing arguments from all sides, the High Court delivered a detailed judgment on 17 February 2026. The court took note of the submissions made by counsel for the college that the second appellate authority had failed to independently apply its mind.
The court observed that the impugned order appeared to be a mechanical reiteration of the first appellate authority’s order and did not demonstrate proper consideration of the statutory requirements under Section 29 of the National Medical Commission Act, 2019.
Section 29 lays down specific criteria that must be considered while approving or disapproving a scheme. These include adequacy of financial resources, availability of qualified academic faculty, sufficient hospital facilities, and other prescribed factors. The court found that there was no recorded satisfaction in the second appellate authority’s order showing that these criteria had been properly evaluated.
Importantly, the court also noted that it would be unreasonable to invalidate all sixteen departments on the basis of inspection findings from only three. The earlier direction for a comprehensive inspection of all departments was found to be logical and necessary for a fair assessment.
Setting aside the order dated 27 January 2026, the High Court reinstated the directions of the first appellate authority with certain modifications. It was ordered that a fresh inspection be conducted immediately. The inspection must follow the parameters laid down by the Supreme Court of India in the landmark Royal Medical Trust judgment. The assessor’s report is to be placed before MARB, and a final report must be submitted within ten days.
The court further directed that if any deficiencies are found, the college must be informed and given a reasonable opportunity to rectify them. If no deficiencies are identified, the authorities must proceed to issue the approval letter without delay.
The writ petition was disposed of with these directions, and no order as to costs was made.
The ruling is widely seen as a positive step toward ensuring fairness and transparency in the regulatory process. For Santiniketan Medical College, the decision offers a renewed opportunity to demonstrate compliance and secure approval for its postgraduate programs, reinforcing its commitment to expanding medical education and healthcare services in the region.
