MAIN POINT
Unless a medical college is brought within ambit of an University, MCI cannot give permission for medical course and admission thereto.

JUDGMENT

MADAN B. LOKUR, J.

Leave granted in S.L.P (Civil) Nos. 32770-32772 of 2014.

2. The question before us relates to the validity of admissions made in the academic year 2009-10 by the Dr. M.G.R Educational and Research Institute, Chennai (for short ‘the Institute’) in the A.C.S Medical College and Hospital (for short ‘the College’) for the 2nd batch of MBBS course. In our opinion, the admissions were unauthorized. However, we are not visiting the students with the natural consequence of setting aside their admissions, but are passing directions to deal with the exigencies of the situation.

       Preliminary

3. A few facts are not in dispute. The Institute was declared as a Deemed to be University by a notification dated 21st January, 2003 issued by the Ministry of Human Resource Development of the Government of India (hereinafter referred to as ‘the MHRD’). The declaration was in exercise of powers conferred by Section 3 of the University Grants Commission Act, 1956 (the ‘UGC Act’) and was for the purposes of the Act.[3. Application of Act to institutions for higher studies other than Universities.—The Central Government may, on the advice of the Commission, declare, by notification in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of Section 2.] At that time the Institute comprised of two institutions: a dental college and hospital and an engineering college.

4. The Institute desired to establish a medical college being the ACS Medical College and Hospital and the necessary paperwork for this was carried out. However, the College was not within the ambit of the Institute (Deemed to be University) when admissions were made in the academic year 2008-09 and in the academic year 2009-10. The admissions made in both academic years were therefore unauthorized. However, the Medical Council of India (for short ‘the MCI’) is not making an issue of the validity of the admissions made in the academic year 2008-09 due to subsequent events and, therefore, it is not necessary for us to dwell on that issue. The limited scope of inquiry is only with reference to the admissions made in the academic year 2009-10 for the 2nd batch of students.

Admissions made in 2009-10

5. Having admitted students in 2008-09 the Institute was required, in terms of the Establishment of Medical Colleges Regulations, 1999 of the MCI to renew the permission granted to admit the 2nd batch of students in the academic year 2009-10. In this context, the MCI wrote to the College on 10th November, 2008 that, for the renewal of permission for admission of the 2nd batch of students in the academic year 2009-10 it may send the proposed dates for carrying out an inspection before 15th March, 2009 and submit all requisite documents.

6. Pursuant to this, an inspection of the College was carried out by the MCI on 23rd/24th March, 2009. The inspection report was placed before the Executive Committee of the MCI and in its meeting held on 8th April, 2009 the MCI decided to recommend to the Central Government [the Ministry of Health & Family Welfare or the MH&FW] to renew the permission to admit the 2nd batch of students in the College in the academic year 2009-10.

7. Soon thereafter on 9th April, 2009 the MCI received a letter dated 1st April, 2009 from the Institute. The letter intimated that the Institute would be forwarding the notification of approval for inclusion of the College within the ambit of the Institute under Section 3 of the UGC Act as soon as it was received. This indicated to the MCI that the College was not yet under the ambit of the Institute. Accordingly, on 1st May, 2009 the MCI requested the Central Government [MH&FW] to keep in abeyance the renewal of permission to admit the 2nd batch of students