IMPORTANT POINT
Application under section 10A of MCI Act must be filed complete in all respect within the cut-off date.

ORDER

M.Y. EQBAL, J.

We have heard Dr. Rajeev Dhawan, learned senior counsel appearing for the petitioner and Mr. Vikas Singh, learned senior counsel appearing for Respondent No.1 – Medical Council of India (MCI).

2. Aggrieved by the judgment and order dated 5th May, 2015 passed by the Division Bench of the Delhi High Court in L.P.A. No. 234 of 2015, the petitioner filed this special leave petition.

3. By the impugned judgment, the Division Bench allowed the appeal filed by the respondent-Medical Council of India and set aside the judgment passed by the learned Single Judge in the Writ Petition.

4. Indisputably, the petitioner submitted application, as required under Section 10A of the Medical Council of India Act, 1956 (hereinafter referred to as 'the Act') for establishment of new medical college for the academic year 2015-2016. The Essentiality Certificate and the consent of affiliation were admittedly not annexed along with the application filed under Section 10A of the said Act. According to the petitioner, the Essentiality Certificate was issued on 28.8.2014 and the consent of affiliation was communicated on 30.8.2014. After about 10 days i.e. 10.9.2014, the petitioner submitted Essentiality Certificate and Certificate of Affiliation. The application so submitted by the petitioner was, however, rejected on 15.10.2014 on the ground that the certificates aforesaid were not submitted before the cut-off date i.e. 31.8.2014. By the said order, the petitioner was given liberty to apply for the next academic year.

5. Against the aforesaid order, the petitioner moved the Delhi High Court by filing Writ Petition being Writ Petition No. 7424 of 2014. The learned Single Judge, after hearing the parties, by judgment dated 8.4.2015 allowed the Writ Petition and directed the Medical Council of India to consider the application of the petitioner and make recommendations.

6. The respondent-Medical Council of India assailed the impugned order passed by the learned Single Judge by filing a Writ Appeal being Letters Patent Appeal No. 234 of 2015. The Division Bench, by a reasoned order, allowed the appeal and set aside the judgment and order passed by the learned Single Judge. The Division Bench rejected the plea of the petitioner based on the need for medical assistance in the country and the resulting disuse of the infra structure for one year. The petitioner-Trust dissatisfied with the order passed by the Division Bench, filed the instant special leave petition.

7. The matter was firstly heard on 15th July, 2015 by this Bench and after taking note of the facts of the case and sequence of events, disposed of the application with a direction to the respondent-Medical Council of India to consider the petitioner’s application and make its recommendation within a period of three weeks from that day. The matter was directed to be listed after four weeks to enable the respondent-Medical Council of India to submit the recommendation in a sealed cover.

8. The relevant portion of the order dated 15th July, 2015 is reproduced herein below:-

“4. Indisputably, the petitioner as far back as on 25.8.2014 submitted application as required under Section 10A of the Indian Medical Council Act, 1956 for the establishment of the Institute. The Essentiality Certificate was issued by the State of Tamil Nadu only on 28.8.2014. The said communication was received by the petitioner only in the 1st week of September, 2014. Similarly, the Tamil Nadu MGR University granted Consent of Affiliation for starting of MBBS Degree course in the new medical college. On receipt of this communication, the petitioner immediately on 10.9.2014 submitted Essentiality Certificate and Certificate of Affiliation. Curiously enough after about a month, the respondent no.2 – Central Government rejected the application on the ground that Essentiality Certificate was not submitted before the cut-off date i.e. 31.8.2014.

5. Aggrieved by the said rejection of application, the petitioner fi