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High Court of Delhi
VIBHU BAKHRU, J.
Amma Chandravati Educational & Charitable Trust & Others – Appellant
Versus
Union of India & Another – Respondent
W.P.(C) Nos. 7738, 7424, 9023 of 2014 & CM Nos. 18212, 20610, 20631 of 2014
Decided On : 08-04-2015
The Court held that the failure on the part of the petitioners to enclose the EC and/or land ownership documents would be fatal to their applications. The Court also held that the requirement that the EC and/or other documents as listed in Form-I of the Regulations be submitted along with the Form is mandatory, however a minor delay in providing the same or providing the same separately would not be fatal to the proposal. The Court further held that the Schedule as specified under the Regulations is mandatory, but the same must be read in a meaningful manner. The Court also held that the decision of the Supreme Court in Mridul Dhar (supra) does not support the MCI’s contention that the Central Government cannot permit an applicant to provide the necessary documents after the application has been filed and the Central Government is bound to reject an application even though it has all relevant documents available with it at the time of consideration, only for the reason that one or more documents were not filed along with the application. The Court also held that the decision in Priya Gupta (supra) also does not support the MCI’s contention. The Court further held that the decision of the Supreme Court in Educare Charitable Trust v. Union of India and Anr.: 2013 X AD (S.C.) 485 does not assist the respondents insofar as the present controversy is concerned. The Court also held that the decision of the Supreme Court in Royal Medical Trust v. Union of India and Anr.: 2013 (12) SCALE 145 would squarely apply to the present petitions.
Fact of the Case:
The petitioners had applied to the Central Government for permission to establish new medical colleges or increase intake of candidates, solely on the ground that the Essentiality Certificate/No Objection Certificate (hereafter 'EC/NOC') and/or the Consent of Affiliation certificate (hereafter 'CoA') were not filed along with the applications. The Central Government rejected the applications.
Finding of the Court:
The Court held that the failure on the part of the petitioners to enclose the EC and/or land ownership documents would be fatal to their applications. The Court also held that the requirement that the EC and/or other documents as listed in Form-I of the Regulations be submitted along with the Form is mandatory, however a minor delay in providing the same or providing the same separately would not be fatal to the proposal. The Court further held that the Schedule as specified under the Regulations is mandatory, but the same must be read in a meaningful manner. The Court also held that the decision of the Supreme Court in Mridul Dhar (supra) does not support the MCI’s contention that the Central Government cannot permit an applicant to provide the necessary documents after the application has been filed and the Central Government is bound to reject an application even though it has all relevant documents available with it at the time of consideration, only for the reason that one or more documents were not filed along with the application. The Court also held that the decision in Priya Gupta (supra) also does not support the MCI’s contention. The Court further held that the decision of the Supreme Court in Educare Charitable Trust v. Union of India and Anr.: 2013 X AD (S.C.) 485 does not assist the respondents insofar as the present controversy is concerned. The Court also held that the decision of the Supreme Court in Royal Medical Trust v. Union of India and Anr.: 2013 (12) SCALE 145 would squarely apply to the present petitions.
Issues: Whether the decision of the Central Government to reject the applications filed by the petitioners for establishment of a medical college or increase intake of candidates, solely on the ground that the Essentiality Certificate/No Objection Certificate (hereafter 'EC/NOC') and/or the Consent of Affiliation certificate (hereafter 'CoA') were not filed along with the applications, is erroneous.
Ratio Decidendi: The Court held that the amended Schedule would be applicable w.e.f. 30.01.2014 for the reasons as stated above. The Court also held that the delay in the notification of the Official Gazette would not be fatal to the amendment carried out to the Regulations. In addition, it is also relevant to note that Regulation 3 of the Regulations specifically mandates as under:- “3. The establishment of a medical college – No person shall establish a medical college except after obtaining prior permission from the Central Government by submitting a Scheme annexed with these regulations.” The Court further held that the opening note under the Scheme annexed to the Regulations reads as under:- “SCHEME FOR OBTAINING PERMISSION OF THE CENTRAL GOVERNMENT TO ESTABLISH A MEDICAL COLLEGE. ALL APPLICATIONS UNDER THIS SCHEME SHALL BE SUBMITTED TO THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH & FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI – 110 011 FROM 1ST AUGUST TO 31ST AUGUST (BOTH DAYS INCLUSIVE) OF ANY YEAR.” The Court also held that Regulation 3 of the Regulations was not amended in 2010 pursuant to the supersession of the MCI by the Board of Governors. Even though, the Schedule was amended indicating that the applications would be received by the Council from 01.08.2014 to 30.09.2014; the note included in the Scheme annexed to the Regulations continued to read to the contrary. This repugnancy has also ceased to exist with the amended schedule coming into force from 30.01.2014. The Court also held that the amended Schedule would be applicable w.e.f. 30.01.2014 for the reasons as stated above.
Final Decision: The Court allowed the petitions and directed the petitioners to forward their applications along with the prescribed fee to the Central Government within a period of two days. If the said applications are received by the Central Government on or before 10.04.2015, the Central Government is directed to forthwith forward the applications to MCI. MCI shall consider the applications and make its recommendations within a period of four weeks thereafter. Subject to the recommendations of MCI, the Central Government shall issue the letter of intent within a period of one week thereafter. The applications shall be processed in accordance with law and if the same are accepted, the final permission shall be issued not later than 15.07.2015.
1. The principal controversy involved in these petitions is whether the decision of the Central Government to reject the applications filed by the petitioners for establishment of a medical college or increase intake of candidates, solely on the ground that the Essentiality Certificate/No Objection Certificate (hereafter 'EC/NOC') and/or the Consent of Affiliation certificate (hereafter 'CoA') were not filed along with the applications, is erroneous.
2. The last date for filing the applications for the academic year 2015-16 was 31.08.2014. According to the respondents, the applications were incomplete as one or more of the required enclosures did not accompany the applications. It is contended that even though the applications were filed prior to the cutoff date, the same being incomplete could not be treated as applications at all. Respondents contend that the deficiency in the applications could not be made up by the petitioners subsequently. And, even though all necessary documents were available with the respondents subsequently, the same could not be taken into account while considering the applications filed by the petitioners. The petitioners have disputed the above contention. According to the petitioners, the applications along with the requisite documents were available with the Central Government prior to the cutoff date for forwarding the same to the Medical Council of India (hereafter 'MCI'); and, in these circumstances, the applications of the petitioners could not be rejected.
3. It is further contended on behalf of the petitioners that the last date for submission of applications was 30.09.2014 and not 31.08.2014 in terms of the “Schedule for receipt of applications for establishment of new medical colleges and processing of the applications by the Central Government and the Medical Council of India”(hereafter ‘the Schedule’) specified under the Establishment of Medical College Regulations, 1999 (hereafter ‘the Regulations’).It was urged that the amended Schedule, which specified the last dated for submission of applications as 31st August was not notified and, thus, was not in force at the material time.
4. The petitioner in Writ Petition (W.P.(C) No.7738/2014) impugns an order dated 15.10.2014 passed by the Secretary, Ministry of Health and Family Welfare, Government of India (hereafter the ‘impugned order dated 15.10.2014’) whereby the application of petitioner no. 1 – Amma Chandravati Educational & Charitable Trust (hereafter ‘Amma Chandravati Trust’), for permission to establish ‘World College of Medical Sciences And Research’ at Village Gurawar, Tehsil and District Jhajjar, Haryana (hereafter ‘World College’) with effect from academic session 2015-16, was rejected.
5. Briefly stated, the facts necessary to consider the controversy in the petition (W.P.(C) No.7738/2014) are as follows:
5.1 Amma Chandravati Trust applied to the concerned State Government on 30.05.2014 for issuance of EC/NOC. Thereafter, on 11.08.2014, Amma Chandravati Trust applied to Pandit B.D. Sharma University of Health Sciences for issuance of CoA, however by letter dated 20.08.2014, the said University declined to issue the CoA in absenc of EC/NOC from the concerned State Government.
5.2 On 27.08.2014 Amma Chandravati Trust submitted the application, under Section 10A of the Indian Medical Council Act, 1956 (hereafter the ‘IMC Act’) to the Secretary (Health), Government of India (hereafter the ‘Central Government’), for permission to establish World College with effect from academic session 2015-16.
5.3 Subsequently on 08.09.2014, Amma Chandravati Trust was issued the EC/NOC by the concerned State Government and the same was submitted to the Central Government on 17.09.2014. Amma Chandravati Trust was issued CoA on 29.09.2014 by Pandit B.D. Sharma University of Health Sciences and the said CoA, along with the EC/NOC dated 08.09.2014
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