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2020 Supreme(SC) 1002
SUPREME COURT OF INDIA
ARUN MISHRA, B.R. GAVAI, KRISHNA MURARI, JJ.
The State of Kerala - Appellant
Versus
V.N. Public Health and Education Trust & Anr. - Respondents
Civil Appeal No. 2920 of 2020 [@ Special Leave Petition (C) No. 30008 of 2019] With Civil Appeal No. 2921 of 2020 [@ Special Leave Petition (C) No. 1749 of 2020]
Decided On : 07-08-2020
For the Appellant : Mr. Jaideep Gupta, Sr. Adv., Mr. Jishnu M. L., Adv., Ms. Priyanka Prakash, Adv., Ms. Beena Prakash, Adv., Mr. G. Prakash, AOR.
For the Respondent: Mr. Ranjit Kumar, Sr. Adv., Mr. Abdesh Chaudhry, Adv., Mr. Meenesh Dubey, Adv., Mr. S. R. Setia, AOR, Ms. Beena Madhavan, Adv., (Appearance slip not given) Mr. Gaurav Sharma, AOR.
IMPORTANT POINT
The essentiality certificate and consent for affiliation are prerequisites for processing applications to establish medical colleges, and passing interim orders without considering prevailing norms and policies is impermissible.
Headnote:
Medical Colleges - Essentiality Certificate - Writ Petitions - [V.N. Public Health and Education Trust] - [Writ Petitions: 27266/2019, 29098/2019, 34275/2019] - The court discussed the essentiality certificate for establishing medical colleges, consent for affiliation, and the legality of passing interim orders without considering prevailing norms and policies.
Fact of the Case:
The V.N. Public Health and Education Trust filed writ petitions questioning the refusal to issue essentiality certificate and consent for affiliation to establish medical colleges. The High Court passed interim orders directing the processing of applications without essentiality certificate and consent for affiliation.
Finding of the Court:
The court found the interim orders passed by the High Court to be illegal and improper, and quashed the orders. It directed all writ petitions to be heard together and finally decided by an independent Bench.
Issues: Refusal to issue essentiality certificate and consent for affiliation, legality of passing interim orders without considering prevailing norms and policies.
Ratio Decidendi: The court held that essentiality certificate and consent for affiliation are prerequisites for processing applications to establish medical colleges, and passing interim orders without considering prevailing norms and policies is impermissible.
Final Decision: The appeals were allowed, and the impugned interim order and judgment were quashed. All writ petitions were directed to be heard together and finally decided by an independent Bench.
ORDER :
Leave granted.
1. Civil Appeal No.2920 of 2020 arises out of the final judgment dated 5.12.2019 passed in Writ Appeal No.2443/2019 by the High Court of Kerala at Ernakulam, affirming the order passed by the Single Bench in Writ Petition [C] No.27266/2019.
2. The V.N. Public Health and Education Trust, respondent No.1, filed a writ petition questioning communication Ex. P-6 by which the State Government expressed its inability to consider the request made to issue the essentiality certificate to establish medical colleges in the private sector in Palakkad district. The Single Bench of the High Court vide judgment and order dated 19.11.2019 quashed the communication Ex. P-6, and directed the Government to issue an essentiality certificate in the proforma on or before 30.11.2019. It was also directed that the MCI shall accept the essentiality certificate issued by the State Government in terms of the judgment as one received on time.
3. Yet another writ petition was filed by respondent No.1, i.e., W.P. No.29098/2019 by which the University had rejected the request made by the respondent to grant consent for affiliation. The said writ petition is pending in the High Court. Prayer for interim relief against refusal to grant the consent for affiliation was rejected as per order dated 31.10.2019.
4. Yet another C.A. No.2921/2020 has been filed against the interim order dated 13.12.2019 passed by a Single Bench of the High Court of Kerala at Ernakulam in W.P. [C] No.34275/2019. In the writ application, a prayer was made to direct the Medical Council of India and Government of India to process the application filed by respondent No.1 without insisting for the essentiality certificate or the consent for affiliation. Prayer to grant interim relief was made to the aforesaid effect, and the same was allowed by the impugned order dated 13.12.2019 passed by the Single Bench; hence, the appeal has been preferred in the Court. Though it has been noted in the impugned interim order dated 13.12.2019 that the special leave petition is pending in this Court. The High Court has proceeded to direct the MCI/Union Government to process the application of respondent No.1 to establish a medical college without insisting for essentiality certificate and consent for affiliation by the University, subject to the outcome of the special leave petition which was filed.
5. We have heard learned counsel for the parties at length. Firstly, we would deal with the interlocutory order dated 13.12.2019 passed by the High Court in W.P. [C] No.34275/2019. The order is palpably illegal and could not have been passed. In view of the fact that in case any order was to be solicited, it was to be passed by this Court in the pending SLP, out of which CA No.2920/2020 arises.
6. It was absolutely improper for the High Court to pass such an order directing the Medical Council of India to process the application without consent for affiliation granted by the University and the essentiality certificate granted by the State Government. Both directions were illegal. It is pre-requisite for the Medical Council of India to process any application that the essentiality certificate and consent for affiliation are produced.
7. Apart from that, we find that pursuant to the refusal to grant consent for affiliation, W.P. [C] No.29098/2019 was filed. That was pending consideration. The High Court declined the interim order. The filing of the third writ petition was uncalled for.
8. The High Court ought to have decided the issue of essentiality certificate for which W.P. [C] No.27266/2019 was filed in the High Court with W.P. [C] No.29098/2019 regarding grant of consent for affiliation. The matter of permission to establish and/or recognition could not have been processed by the Medical Council of India/ Government of India without essentiality as well as consent for affiliation.
9. The approach of the High Court in both matters cannot be said to be appropriate. Let the writ petitions, i.e.,
