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2014 Supreme(Mad) 115
2014 (1) CWC 200
High Court of Judicature at Madras
K.K. SASIDHARAN, J.
E. Reshmi Irene & Another
Versus
DD Medical College & DD Hospitals rep by its Chairman Dr. T.D. Naidu Chennai & Others
W.P. Nos. 23089, 23090, 27366, 27367 & 28833 of 2013
Decided On: 20-01-2014
Mrs. Nalini Chidambaram, Senior Counsel for Mrs. C. Uma, V. Prakash, Senior Counsel for S. Ashok Kumar, Mrs. R. Maheswari, SCGSC, V.P. Raman, P.H. Aravindh Pandian, Addl. Advocate General, Assisted by Anand David, AL. Somayaji, Advocate General Assisted by D. Krishnakumar, Spl. Govt. Pleader, Advocates.
Headnote:
MEDICAL ADMISSION - ILLEGAL ADMISSION - REGULARISATION - MCI WITHDRAWAL OF PERMISSION - BLACKLISTING - VALIDITY - MCI POWER TO WITHDRAW PERMISSION - PRINCIPLES OF NATURAL JUSTICE - STATE UNDERTAKING TO TAKE OVER STUDENTS - SCOPE - EQUITABLE SOLUTION - DIRECTION TO STATE TO ACCOMMODATE STUDENTS IN GOVERNMENT MEDICAL COLLEGES - MCI TO ISSUE ORDERS FOR ADDITIONAL SEATS - BLACKLISTING ORDER SET ASIDE - REMITTED TO MCI FOR FRESH CONSIDERATION.
Fact of the Case:
The institution admitted students for the years 2011-2012 and 2012-2013 without permission from the Medical Council of India (MCI). The MCI refused to renew permission for 2012-2013. The students filed writ petitions to regularise the admission. The MCI withdrew the permission and blacklisted the institution permanently. The State Government agreed to take over the institution and accommodate the students.
Finding of the Court:
The MCI was justified in withdrawing the permission as the institution violated the mandatory condition prescribed in the letter of permission, and the provisions of Act 102 of 1956 and the Regulations. The MCI violated the principles of natural justice by blacklisting the institution without issuing a specific prior notice. The State Government is bound to accommodate the students of 2011-2012 and 2012-2013 batch in Government Medical Colleges during the ensuing academic year.
Issues: 1. Whether the State, MCI and Medical University are bound to regularise the illegal admissions made by D.D.Medical College? 2. Whether the State should be directed to take over the institution? 3. Whether the State Government is bound to take over the responsibility of students admitted for the years 2011-2012 and 2012-2013 in view of the specific undertaking given in the Essentiality Certificate and the favourable stand taken by the University to help the institution to make illegal admissions? 4. Whether MCI was correct in withdrawing the letter of permission? 5. Whether MCI was justified in blacklisting the trust permanently for making application for establishing Medical College.
Ratio Decidendi: 1. The State and its instrumentalities, and statutory authorities like MCI must rise to the occasion to prevent recurrence of this kind of cheating by educational institutions. 2. The authorities well before commencement of academic year and new admissions, must publish the list of eligible professional institutions and its sanctioned intake. 3. This would enable the students to check the status of professional colleges before seeking admission. 4. The management of the professional institutions must change their mind set. They should not spoil the future of innocent students. 5. In case all the stake holders in the field of higher education join together and resolve to put an end to the unethical and unfair practices prevalent now, in the sphere of technical and medical education, the Society as a whole would be benefited. 6. It would also reduce the burden of courts considerably.
Final Decision: The writ petition in W.P.Nos.23089, 23090, 27366, 27367 of 2013 are allowed as indicated above. The writ petition filed by D.D.Medical College and Hospitals in W.P.No.28833 of 2013 is allowed in part as indicated above. Consequently, the connected miscellaneous petitions are closed. No costs.
1. The writ petitions in W.P.Nos.23089, 23090, 27366 and 27367 of 2013 are at the instance of D.D.Medical College MBBS Students Welfare Association and a student of 2011-2012 MBBS Batch and the substantial prayer is to direct the Government of Tamil Nadu to take over D.D.Medical College and to direct the Medical Council of India and Dr.M.G.R.Medical University to recognise the illegal admission made by the management for the years 2011-2012 and 2012-2013.
2. The writ petition in W.P.No.28833 of 2013 is at the instance of D.D.Medical College and Hospitals and the challenge is to the order dated 14 October 2013 declaring the admission for the years 2011-2012 and 2012-2013 as illegal and permitting the Government of Tamil Nadu to accommodate 150 students of 2010-2011 batch in Government Medical Colleges by creating additional seats, besides debarring and blacklisting the institution permanently from making application for establishment of Medical College in India.
The Conspectus of Facts:
3. The Government of Tamil Nadu issued Essentiality Certificate to D.D.Medical and Educational Trust to establish a medical college at Kunnavalam, Tiruvallur District. The Medical Council of India on the basis of the Essentiality Certificate and after conducting inspection granted permission vide proceedings dated 12 July 2010. The permission was to admit students for the year 2010-2011 with an intake of 150 students. The D.D.Medical College (hereinafter referred to as "the institution") admitted 150 students for the academic year 2010-2011. The application for renewal of permission for the academic year 2011-2012 was rejected. The institution admitted 103 students during the year 2011-2012 without permission from the Medical Council of India (hereinafter referred to as "MCI"). The order passed by the MCI dated 19 May 2011 rejecting the application for renewal of permission was challenged in W.P.No.13052 of 2011. The writ petition was allowed on the ground of violation of principles of natural justice. The MCI challenged the said order in W.A.No.1664 of 2011. The institution also challenged the order in W.A.No.1500 of 2011, in view of the failure to issue a positive direction. The Division Bench while confirming the order passed by the learned Single Judge, directed MCI to conduct fresh inspection. The MCI challenged the said judgment in S.L.P.(Civil) Nos.27723 and 27724 of 2011 and obtained an interim stay. The Special Leave Petitions are now pending before the Supreme Court.
4. The institution submitted an application for renewal of permission for the year 2012-2013. The MCI refused to issue renewal. However, the institution admitted 150 students for the year 2012-2013 without permission. The writ petition filed by the institution challenging the decision taken by MCI not to grant permission for 2012-2013 was upheld by the learned Single Judge and Division Bench. The SLP filed against the judgment was dismissed by the Supreme Court.
5. The students of 2011-2012 and 2012-2013 batch wanted to regularise the admission made by the institution. The students filed writ petitions in W.P.Nos.20190 and 20191 of 2013 to direct the Tamil Nadu Dr.M.G.R. Medical University to permit them to write the examination pending disposal of the Special Leave Petitions in S.L.P.Nos..27723 and 27724 of 2011. The writ petitions were dismissed. The order dated 30 July 2013 was upheld by the Division Bench in W.A.No.1623 of 2013.
6. The students having found that they were cheated by the institution and the Tamil Nadu Dr.M.G.R. University (hereinafter referred to as "The Medical University") assisted the institution to commit fraud, formed an Association. The Association along with a student of 2011-2012 batch have filed W.P.Nos.27366 and 27367 2013 for a direction to the State to take over the institution and to direct the MCI to regularise the admission.
7. The MCI in the meantime took action to withdraw the letter of permission and to debar the institution permanently.
