Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(SC) 815

SUPREME COURT OF INDIA
Anil R. Dave, Vikramajit Sen, Uday Umesh Lalit, JJ.
Royal Medical Trust (Regd) and Another – Petitioners
Versus
Union of India and Another – Respondents
Writ Petition (C) No. 705/2014 With W.P.(C) No.700 of 2014, W.P.(C) No.707 of 2014, W.P.(C) No.784 of 2014, W.P.(C) No.862 of 2014, W.P.(C) No.523 of 2014, W.P.(C) No.799 of 2014, W.P.(C) No.819 of 2014, C.A. No. 6481 of 2015 @ SLP(C) No.21765 of 2014, C.A. No. 6482 of 2015@ SLP (C) No.22755 of 2014, C.A. No. 6483 of 2015@ SLP (C) No.22756 of 2014, C.A. No. 6484 of 2015 @ SLP(C) No. 22757 of 2014 C.A. No. 6485 of 2015 @ SLP(C) No.22974 of 2014, C.A. No. 6486 of 2015 @ SLP(C) No.23512 of 2014, C.A. Nos. 6488-6489 of 2015 @ SLP(C) Nos.23528-29 of 2014, C.A. No. 6492 of 2015 @ SLP(C) No.23476 of 2014, C.A. Nos. 6493-6494 of 2015 @ SLP(C) Nos.24150-51 of 2014, C.A. No. 6509 of 2015 @ SLP(C) No.24154 of 2014, C.A. No. 6495 of 2015 @ SLP(C) No.24665 of 2014, C.A. No. 6496 of 2015 @ SLP(C) No.24913 of 2014, C.A. No. 6497 of 2015 @ SLP(C) No.25763 of 2014, C.A. No. 6498 of 2015 @ SLP(C) No.21517 of 2014, C.A. Nos. 6499-6500 of 2015 @ SLP(C) Nos.26296-97 of 2014, C.A. Nos. 6503-6504 of 2015 @ SLP(C) Nos.26768-69 of 2014, C.A. Nos. 6505-6506 of 2015 @ SLP(C) Nos.24754-55 of 2014, C.A. Nos. 6507-6508 of 2015 @ SLP(C) Nos.25468-69 of 2014, C.A. Nos. 6501-6502 of 2015 @ SLP(C) Nos.26758-59 of 2014, SLP(C) No.22785 of 2014, SLP(C) No.27034 of 2014 AND Transfer Petition (C) No.1217 of 2014
Decided on : 20-08-2015

IMPORTANT POINT
Central Government obliged and required to conduct renewal inspections every year.
Note below Schedule empowers Central Government to extend the time limits in the Schedule.
Dead line of 30th September for making admissions to the first MBBS course, however, must be observed.

Headnote:(a) Indian Medical Council Act, 1956 – Section 10A r/w Regulation 7, Establishment of the Medical College Regulations, 1999 – Renewal of permission – Timely assessment being integral to scheme of section 10A, MCI and Central Government obliged and required to conduct renewal inspections every year – Opportunity required to be given to applicants not only at the initial stage but also at the stage of renewal and both by the MCI and the Central Government – Instantly no inspection conducted despite reporting compliance – Number of seats rising with permission for establishment of new colleges – Disapproval of renewal cases – Resulting in net loss in terms of number of seats available for the academic year 2014-15 – Directions given. (Para 24, 26)
       (2014) 13 SCC 506; (2011) 4 SCC 623 – Relied upon
       (b) Indian Medical Council Act, 1956 – Section 10A, Schedule – Should accommodate foreseeable eventualities – Draft Schedule suggested by MCI accepted. (Para 28)
       (c) Indian Medical Council Act, 1956 – Section 10A, Schedule – Priya Gupta directing strict adherence to schedule – Schedule amended adding Note below Schedule empowering Central Government to extend the time limits in the Schedule – Despite being empowered Central Government exercising its power in instant cases – However, exercising the power in case of Government colleges – Time limit ought to be extended in present cases also – Dead line of 30th September for making admissions to the first MBBS course, however, must be observed. (Para 29,
       (2011) 4 SCC 623; (2002) 7 SCC 258; (2005) 2 SCC 65 – Relied upon
       (2012) 7 SCC 433 – Referred
       (d) Indian Medical Council Act, 1956 – Section 10A – Admissions to MBBS – Dead line for making admissions 30th September – Could not be met for want of permission – No relaxation permissible in view of Madhu Singh and Mridul Dhar – No relief can be granted. (Para 30)
       (2002) 7 SCC 258; (2005) 2 SCC 65 – Relied upon
       Facts of the case:
       In these petitions, after conducting inspection of the respective Medical Colleges the Medical Council of India (MCI for short) had found infirmities or inadequacies in the infrastructure, facilities and faculty.
       Applications preferred in respect of Medical Colleges of the applicants for the academic year 2014-2015 were disapproved.
       The respective applicants then claimed that they had rectified the shortcomings and asked for compliance verification. But the Central Government and/or the MCI refused to undertake any fresh inspection for verification, for want of adequate time.
       Finding of the Court:
       Respondents ought to give opportunity to applicants seeking renewal.
       Result: Writ petitions and appeals in Categories I and II except the one at the instance of MCI dismissed.
       Transfer Petition No. 1217 of 2014 dismissed.
       The relief granted in respect of those falling in Category III, vide orders dated 18.09.2014 and 25.09.2014 made absolute in terms of those orders and the writ petitions and appeals arising from special leave petitions in Category III stand disposed of in such terms.

Judgment

Uday Umesh Lalit J.

1. These petitions (except SLP(C) Nos.22785 of 2014 and 27034 of 2014) arise out of communications issued by the Central Government recommending disapproval of applications preferred in respect of Medical Colleges of the applicants for the academic year 2014-2015. In these petitions, after conducting inspection of the respective Medical Colleges the Medical Council of India (MCI for short) had found infirmities or inadequacies in the infrastructure, facilities and faculty. The respective applicants then claimed that they had rectified the shortcomings and asked for compliance verification. But the Central Government and/or the MCI refused to undertake any fresh inspection for verification, for want of adequate time. This being the common feature in all these petitions, they were heard together and are being disposed by this common judgment.

2. Broadly the categories of Medical Colleges presently before the Court are:-

(I) Cases where new Medical Colleges are sought to be established for the first time and where such colleges are seeking appropriate permission to admit students to the first year of MBBS course namely:-

(1) WP(C) No.700/2014

(2) WP(C) No.705/2014

(3) WP(C) No.819/2014

(4) SLP(C) No.22757/2014

(5) SLP(C) No.22756/2014

(6) SLP(C) No. 24913/2014

(7) SLP (C) No. 23512/2014.

The Respondent in this petition has also preferred Transfer Petition (C) No.1217 of 2014 to have his writ petition pending in the High Court of Bombay to be transferred to this Court.

(II) Cases where the existing approved Medical Colleges are seeking increase in intake of seats for admissions of students to the first year of MBBS Course namely:-

(1) WP(C) No.523/2014

(2) WP(C) No.707/2014

(3) WP(C) No.862/2014.

(III) Medical Colleges seeking renewal of permission, who have already received permission in the previous year(s) either for establishing new Medical College or for increasing intake capacity of the existing Medical College. In this category of cases, the renewal for subsequent batches and for permission to admit students to the first year course is sought namely:-

(1) WP(C) No.784/2014

(2) WP(C) No.799/2014

(3) SLP(C) No.21517/2014

(4) SLP(C) No.21765/2014

(5) SLP(C) No.22755/2014

(6) SLP(C) No.26758-59/2014

(7) SLP(C) No.23476/2014

(8) SLP(C) No.23528-29/2014

(9) SLP(C) No.24154/2014

(10) SLP(C) Nos.24150-51/2014

(11) SLP(C) No.24665/2014

(12) SLP(C) No.24754-55/2014

(14) SLP(C) No. 25468-69/2014

(16) SLP(C) Nos.26296-97/2014 and

(17) SLP(C) Nos.26768-69/2014.

3. Reduction in seats in a Dental College is challenged in Special Leave Petition (C) No.22785 of 2014. This being a completely distinct matter, is de-tagged and it be listed before an appropriate Bench. Further SLP(C) No.27034 of 2014 is filed in public interest by an individual claiming that as on 23.09.2014 about 76 seats were lying vacant in different colleges in Jharkhand. No separate orders are called for in this petition and it be taken to be disposed of in the light of our discussion hereinafter.

STATUTORY PROVISIONS

4. The statutory provisions concerning permission for establishment of new Medical College and for increase in intake are to be found in Section 10A of the Indian Medical Council Act, 1956 (hereinafter referred to as the Act) and the Regulations framed under the Act. Said Section 10A is as under:-

“10A. PERMISSION FOR ESTABLISHMENT OF NEW MEDICAL COLLEGE, NEW COURSE OF STUDY ETC.

1. Notwithstanding anything contained in this Act or any other law for the time being in force:-

(a) no person shall establish a medical college

(b) no medical college shall:-

(i) open a new or higher course of study or training (including a postgraduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification; or

(ii) increase its admission c

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2015 Supreme(SC) 815

IMPORTANT POINTCentral Government obliged and required to conduct renewal inspections every year.Note below Schedule empowers Central Government to extend the time limits in the Schedule.Dead line of 30th September for making admissions to the first MBBS course, however, must be observed.

Cases Referred (5)

IMPORTANT POINT
Central Government obliged and required to conduct renewal inspections every year.
Note below Schedule empowers Central Government to extend the time limits in the Schedule.
Dead line of 30th September for making admissions to the first MBBS course, however, must be observed.