Mere FIR not enough to deny permission: Telangana HC rules in favour of medical college, cites Supreme Court ruling

The appellant medical college had been successfully running its operations since the 2022-23 academic year. However, for the current academic year, the NMC declined permission, citing unrectified deficiencies and the registration of an FIR in June 2025 by the Central Bureau of Investigation (CBI) against one of the college’s trustees for allegedly attempting to bribe officials.

The counsel for the appellant, P Pandu Ranga Reddy, argued that while deficiencies were pointed out, they were not a valid reason for outright denial and that the pendency of an FIR should not automatically lead to the withholding of permission. He contended that five more medical colleges across the country were denied permission on the same grounds, and respective high courts have granted some of them relief.

They referenced the Supreme Court case of National Medical Commission vs. Madhuri Seva Nyas, where a similar observation was made on July 21, 2025, noting that an FIR alone is not a sufficient or valid ground to withhold permission if the college otherwise meets the required standards.

The appellant’s counsel also highlighted what they called “selective treatment” by the NMC, pointing to two other medical colleges—Dr Patnam Mahender Institute of Medical Sciences and CMR Institute of Medical Sciences—which allegedly had identical deficiencies but were granted conditional renewals for the same academic year.

The NMC, represented by its counsel, countered that the deficiencies were severe and widespread, including a shortage of faculty, tutors, and residents, as well as low outpatient attendance and a bed occupancy rate of less than the recommended 80 per cent. They further underscored the gravity of the bribery allegations, stating that the appellants had attempted to bribe the assessors who were inspecting the college.

In its ruling, the high court directed the appellant medical college to file an appeal with the NMC’s appellate authority within three days, without reference to the FIR. The court instructed the appellate authority to strictly adhere to the NMC’s regulations, including the Maintenance of Standards of Medical Education Regulations 2023 (MSMER 2023).

The court mandated that the appellate authority should pass an order on the appeal within 10 days of its filing, without being influenced by the observations made by the single judge who had previously dismissed the college’s petition.

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