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2015 Supreme(Kar) 1129

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
N. Kumar and G. Narendra, JJ.
Shridevi Charitable Trust (R) and Ors. – Appellant
Vs.
Union of India, Ministry of Health & Family Welfare and Ors. – Respondents
Writ Petition Nos. 36810-36811/2015 [EDN-MED-ADM]
Decided On : 10-09-2015

Advocates:
Advocate Appeared:
For the Appellant : Madhusudan R. Naik, Senior Counsel for Abhishek Mali Patil, Adv.
For the Respondents: Manjuladevi R. Kamadolli, CGSC

Headnote:INDIAN MEDICAL COUNCIL ACT, 1956 - Section 10-A(4) & Establishment of Medical College Regulations, 1999, Regulation 8(3)(1)(a), 8(3)(1)(b) & 8(3)(1)(c): [N. Kumar & G. Narendar, JJ] Renewal of permission for 3rd Batch of MBBS course - MCI recommending to Central Government not to consider in view of deficiencies noticed - Central Government recommending to MCI for review of its decision - MCI declining to review by invoking Regulation 8(3)(1)(a) - Held, Recommendation of MCI to Central Government is not final. MCI has to find out whether the compliance report submitted by Petitioners removes the deficiencies. Central Government can send the MCI report and report of compliance to any other independent agency such as Health and Family Welfare Department of Government of Karnataka to find out whether petitioner has removed the deficiencies and grant permission if it is found that deficiencies are removed. Impugned endorsement was quashed.

ORDER :

N. Kumar, J.

1. The petitioners have preferred these writ petitions, seeking a writ of certiorari for quashing the Communication dated 15.06.2015 issued by the 1st respondent as per Annexure-"G" not to admit any students in 3rd batch of MBBS Course at the petitioners institution for the Academic Year 2015-16. Similarly, they want the Communication dated 11.05.2015 of respondent No. 2-MCI as per Annexure-"E" recommending for disapproval of the petitioners' scheme for renewal of the permission and for a writ of Mandamus, directing the respondents to consider the petitioners' scheme for renewal of permission for 3rd batch of MBBS Course and for other consequential reliefs.

2. Petitioner No. 1 is a Trust, formed with the object of rendering various Educational and Charitable services by promoting education, providing medical relief, etc. In pursuance of the said objectives, the 1st petitioner has established the 2nd petitioner, a medical college, which offered multi-speciality tertiary care and a super specialty hospital for the purpose of teaching MBBS Graduate students, in addition to catering to the health needs of the general public. The 2nd petitioner was established pursuance to the grant of permission dated 13.07.2013, by the MCI for running a Medical College with an annual intake of 150 students. Thee permission was renewed for the Academic Year 2014-15 by the respondents. Thereafter, the petitioners made an application for renewal of the permission for the 3rd batch, i.e., for the Academic Year 2015-16, which was referred to the MCI., which got caused an assessment of the physical and other teaching facilities available for renewal of permission by conduct of an Inspection on 12th - 13th January, 2015. The MCI Visitors/Inspectors reported certain deficiencies and submitted the same to the MCI. The MCI in turn forwarded the said report to the Central Government with a recommendation not to consider the case of the petitioner for renewal of permission for the Academic Year 2015-16. The Central Government on receipt of the recommendations of the MCI., addressed a letter to the petitioners dated 04.03.2015 informing them that the MCI recommended for disapproval of their under-graduate Scheme for the Academic Year 2015-16. In pursuance of the provisions contained in Scheme 10(A)(4) of the Indian Medical Council Act, 1956, they decided to grant a hearing on 12.03.2015 at 10.00 a.m. by the Hearing Committee, constituted for the said purpose, in Room No. 151, "A" Wing, Nirman Bhawan, Maulana Azad Road, New Delhi. The petitioners were requested to appear in person or to depute an authorized representative to present the case of their college vis-a-vis the rejection letter of the MCI along with the requisite recommendations in the enclosed format on the specified date and time, failing which, the Scheme would be decided ex-parte. They were also called upon to bring two hard copies and one soft copy in MS Word document of the attached format. On receipt of the said notice, by letter dated 11.03.2015, the petitioners wrote back informing the Central Government that they have authorized Dr. Raman M.Hulinayakar, Nodal Officer to represent their case on 12.03.2015 before the Committee. The petitioners appeared before the Central Government and submitted a compliance report. The Committee, after considering the said compliance report and after hearing the petitioners, addressed a letter to the MCI on 24.03.2015 stating that they have given a personal hearing to the authorized representatives of the Medical Colleges/applicants on 11th, 12th and 13th March, 2015. Based on the compliance report submitted by the colleges concerned in support of their claim, the Committee has recommended for review of the assessment of the following schemes of the MCI. The compliance report, submitted by the colleges concerned, in originals along with the recommendations of the Committee and its observations was also sent. The petitioners' college is not
















































































































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