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High Court of Judicature at Bombay
ANOOP V. MOHTA & B.P. COLABAWALLA, JJ.
Sinhgad Technical Education Society & Another
Versus
Maharashtra University of Health Sciences & Others
Writ Petition No. 11130 of 2013
Decided On: 10-01-2014
The respondents are expected to take decision as the petitioners submitted/forwarded their applications as the same are mere formality in view of the specific permission already granted by IMC referring to Sections 64 and 65 of the MUHS Act and IMC Act also.
The situation in the matter is that for want of these formalities of the communication/ consent/affiliation, the petitioners are unable to proceed further with the course. Respondent IMC also threatened to take action of withdrawing the consent so granted for want of above consent/affiliation. The students, as already recorded, pursuance to the order of the Supreme Court, have already been provided by the State Government. Now the issue is also of the next batch of the students for the year 2014-2015.
The inspection if not carried out by IMC and the decision if not taken by 31st January, 2014, the petitioners, as well as, the students will suffer because of inaction and/ or uncommunicated reasons of the respondents State and MUHS. The petitioners’ submission and insistence for a decision at this stage, without waiting for reply affidavit and/ or approval/consent on the representations/applications already filed, need to be accepted.
In the present case, the respondents were fully aware of the decision of the Division Bench and its effect, including the clear observation that the Resolution of the State Government and affiliation of the University would be mere formality. The petitioners, inspite of above judgment and observation to complete the formality and to avoid further delay made their representation and sought appropriate permission/consent and also prayed for the necessary Resolution. There is no justification coming forward till this date. The importance of timely decision, just cannot be denied in such matter. In the situation where there is delay in communicating the decisions/consent/permissions and in view of the binding Division Bench judgment of this Court and considering the facts and circumstances of the present case.
There is no justification whatsoever, unless specific case made out by the respondents of any fraud and/or misrepresentation, to discontinue and/or not to grant permission and/or approval so sought for. There is no such case even averred and/or made out. Therefore, there is no reason that the reliefs as prayed for by the petitioners, should not be granted.
It is made clear that respondent to consider the application dated 28th October, 2013 filed by the petitioners and pass the order without insisting for fresh application, in view of the order passed today.
Anoop V. Mohta, J.
1. Leave to amend prayer clause (d). Amendment to be carried out forthwith. Rule, returnable forthwith. Heard finally, in view of the urgency and as the matter is pertaining to the admission, affiliation and career of medical college students.
2. Petitioner No.1, a registered Public Charitable Trust, is running a Medical Collage in the name of Smt. Kashibai Navale Medical College and General Hospital (Petitioner No.2) since 20072008 after fulfilling all requisite requirements in a prescribed standards as required by the Respondents.
3. Respondent No.1 is a Maharashtra University of Health Science Nashik, (for short, "MUHS") which is an examining body. Respondent No.2 is a State of Maharashtra having control over Respondent No.1 and 3. Respondent No.3 is a Directorate of Medical Education and Research, a competent authority for admission to under graduate and post graduate Health Science Courses i.e. MBBS, BDS, MD, MS, MDS etc. Respondent No.4 is a Medical Council of India (for short, "IMC") exercising its statutory functions and powers under the Indian Medical Council Act, 1956 (for short, IMC Act).
4. The Petitioners have challenged the inaction on the part of MUHS not approving the admissions of the students and not granting final affiliation to the new Post Graduate Degree Courses for the academic year 2013-2014. The challenge is also made to the inaction on the part of the State Government in non-issuing necessary Government Resolution granting its permission for starting 9 Post Graduate Degree Courses for the academic year 2013-2014. The challenge is also to the refusal by Respondent No.1 MUHS to accept the Application for extension and continuation of affiliation for the academic year 2014-2015.
5. It is necessary to note that the IMC has issued an amendment notification dated 3 November 2010 and thereby granted exemption to the medical colleges exempting them from the requirements of obtaining permission from the respective State Governments for introducing Post Graduate Courses in the concerned medical colleges which have had an approval by the State Government for conducting MBBS Courses. Such permission from the State Government was already granted to the Petitioners in the year 2007 under the provisions of Maharashtra University of Health Science (for short, “MUHS Act”). The issuance of amendment notification and exemption granted to the existing institution by the IMC, from obtaining permission of the State Government was within the knowledge of MUHS and therefore vide letter dated 29 November 2011, MUHS has duly communicated the aforesaid fact to the State Government. The MUHS constituted a Local Committee for inspection of the infrastructure available in the college, which visited the college and submitted its report. The MUHS permitted the Petitioners and granted provisional affiliation to start Post Graduate Courses in 12 subjects, subject to grant of permission by the Government of India, Ministry of Health and Family Welfare, New Delhi u/s. 10A of the IMC Act.
6. Thereafter, the Petitioners applied to IMC for the requisite permission for starting Post Graduate Courses in 12 subjects. After receipt of the Application the IMC deputed Assessment Committees to visit the college, to carry out inspection about availability of the necessary infrastructure and other requirements. The IMC issued the conditional LOP on 30 March 2013 for starting Post Graduate Degree Courses and directed the Petitioners to comply with the necessary requirements/directions. Accordingly, Petitioner No.2 on 6 April 2013 duly complied with the necessary requirements/directions and duly submitted their compliance to the IMC vide letter dated 6 April 2013.
7. After considering the compliance report submitted by the Petitioners, the IMC granted permission u/s 10A of the IMC Act to the Petitioner No.2 Medical College to start 9 Post Graduate Degree Courses with approved intake as given in letters dated 29 May 2013, 30 May 2
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