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2016 Supreme(Ker) 42

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ASHOK BHUSHAN, A.M. SHAFFIQUE, JJ.
DM Education & Research Foundation & Anr. - Appellants
Vs.
Union of India & Anr. - Respondents
W.A. Nos. 1872, 1879 & 1880 of 2015
Decided on : 27-01-2016

Advocates:
Advocate Appeared:
Sri. S. Sreekumar, Sri. P. Martin Jose, Sri. P. Prijith, Sri. Thomas P. Kuruvilla
R2 Sri. Titus Mani Vettom, Sri. K. Jayakumar, R1 Sri. K. Thyagarajeswaran, Sri. N. Nagaresh

Headnote:

Education Law - Establishment of Medical College Regulations, 1999 - Regulation 8(3)(1)(a) - Admission - Grant Of Permission - Colleges in the stage upto II renewal (i.e. Admission of third batch) - Reconsideration - Statutory provision - Said Regulation cannot be any basis or foundation for the MCI in refusing to follow the directions of the Central Government to review/reassess its earlier recommendation on the basis of the material submitted by the Colleges during the course of hearing - Held, Wherever the Council in its report has not recommended the issue of Letter of Intent to the person, it may upon being so required by the Central Government reconsider the application and take into account new or additional information as may be forwarded by the Central Government - Statutory provision also enjoined upon the MCI to reconsider its earlier recommendation in light of additional information forwarded by the Central Government - MCI has committed an error in refusing to review/reassess its earlier recommendation. Regulation 8(3)(1)(a) does not absolve the MCI from carrying out its obligation as per directions of Central Government on recommendation of the hearing committee - Therefore MCI cannot shirk its responsibility to look into the materials submitted by the Colleges in its explanation relying on Regulation 8(3)(1)(a).

JUDGMENT :

Ashok Bhushan, J.

These Writ Appeals have been filed against the common judgment dated 18.08.2015 by which W.P(C) Nos.22658, 22771 and 21098 of 2015 have been dismissed. The Writ Appeals raising common question of facts and law are being decided by this common judgment.

2. Brief facts giving rise to the three Writ Appeals are as follows:-

W.A. No.1872 of 2015 (arising from W.P(C) No.22658 of 215).

The 1st petitioner, a Charitable and Educational Trust, is running DM Wayanad Institute of Medical Sciences. Permission to start Medical College with an intake of 150 students was granted in the academic year 2013-14 after conducting due inspection by the Medical Council of India (fort short, "the MCI"). Letter of permission was issued on 15.07.2013. After establishment of the Medical College, petitioners have been conducting the Medical College. An application was made for renewal of the permission for academic year 2014-15, pursuant to which inspection was conducted, by the Medical Council of India and it having been found that all infrastructural and instructional facilities being available, renewal of permission was granted for the academic year 2014-15 for an intake of 150 students. For the renewal of the third year, i.e., 2015-16, an application was made well in advance by the petitioners. The Medical Council of India deputed assessors to assess the facilities available in the College for the second renewal. The Assessors conducted a visit in the College on 12th and 13th December, 2014. The Assessors did not find any defects for declining permission for the second renewal. Based on the report submitted by the Assessors, the proposal for the second renewal was placed before the Executive Committee of the MCI on 13.01.2015. The Executive Committee deferred the matter for consideration for the next meeting. On 06.02.2015, another inspection was conducted by the Assessors. The Assessors came to the college at around 3.00 p.m. and informed the Dean that they had come for another inspection. The Assessors instructed the Dean to arrange a meeting with faculty members and the meeting was arranged in the academy hall by 3.30 p.m. The Dean although sent message to the faculty members, only a few could reach the hall before 3.30 p.m. Lot of faculty members who hail from other Districts have gone home for the weekend after finishing their classes on Friday. Several faculty members who were in different places in the college compound could not reach. The Assessors closed the door of the hall and took head count of the faculty members. Head count of the resident Doctors was also conducted. A lot of residents were on leave to appear for the State Level PG Entrance Test scheduled to be held on 08.02.2015 being conducted at centres in cities far away from Wayanad. The Assessors had forwarded an e-mail of the 2nd respondent instructing the Assessors to proceed to the petitioner Medical College for inspection at 2.17 p.m. on 06.02.2015. The Assessors visited the campus on the next day to prepare the inspection report. In the inspection report, the Assessors failed to record several facilities in spite of they being available. The Executive Committee of the MCI met on 10.02.2015 and considered the question of renewal of the third year permission and decided not to recommend renewal of the permission by applying Regulation 8(3)(1)(a) of the Establishment of Medical College Regulations, 1999 (for shot, "the 1999 Regulations"). The decision of the Executive Committee was communicated to the Union of India, 1st respondent. The 1st respondent sent a letter dated 04.03.2015 to the petitioners informing for hearing on 13.03.2015. Petitioner appeared in the hearing and gave a written statement apart from making oral submission. The 2nd petitioner explained the reason why various faculties were not present for head count. Written submissions were





















































































































































































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