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2014 Supreme(Mad) 3162
Madurai Bench of Madras High Court
K.K. SASIDHARAN, J.
Chennai Medical College & Hospital & Research Centre & Others
Versus
Government of India, Rep. by its under Secretary & Others
W.P. (MD) Nos. 13117 & 13130 of 2014 & M.P. (MD) Nos. 1,2,3,4 & 2 of 2014
Decided On : 12-09-2014
For the Petitioners: .Rajeev Dhawan, Senior Counsel
For M/s. B. Saraswati, V.T. Gopalan, Senior Counsel For I. Velpradeep, Advocate. For the Respondents:R1, G.R. Swaminathan, Assistant Solicitor General of India, R2, V.P. Raman, R3, C. Karthick, R4 & R5, R. Anandharaj, Government Advocate, B. Saraswati, Advocate.
The main legal point established in the judgment is the significance of complying with the mandatory provisions of the Indian Medical Council Act, 1956, particularly regarding the approval and recognition of medical colleges, the principles of natural justice, and the time schedule for approval as mandated by the Supreme Court.
Headnote:
Indian Medical Council Act, 1956 - Recognition of Medical College - Section 10-A(4) - Proviso to Section 10-A(4) - Writ Petition - Chennai Medical College & Hospital & Research Centre - W.P.(MD)No.13117 of 2014, W.P.(MD)No.13130 of 2014 - Summary of Acts and Sections: Indian Medical Council Act, 1956, Section 10-A(4), Proviso to Section 10-A(4) - The court discussed the provisions of the Indian Medical Council Act, 1956, particularly Section 10-A(4) and its proviso, which provide for the approval and recognition of medical colleges. The court analyzed the mandatory provisions of the Act, the principles of natural justice, and the time schedule for approval, as well as the consequences of non-compliance with the Act.
Fact of the Case:
The Chennai Medical College & Hospital & Research Centre filed a Writ Petition challenging the disapproval of the scheme of recognition of M.B.B.S. course for the academic session 2014-2015. The students of the institution also filed a similar Writ Petition seeking provisional recognition and registration certificates. The Medical Council of India recommended disapproval of the scheme due to fundamental deficiencies.
Finding of the Court:
The court found that the Medical Council of India's recommendation and the subsequent order disapproving the scheme were in compliance with the mandatory provisions of the Indian Medical Council Act, 1956. The court held that the deficiencies noted were fundamental in nature and could not be rectified by giving an opportunity. The court also emphasized the importance of adhering to the time schedule for approval as mandated by the Supreme Court.
Issues: The issues involved the compliance with the provisions of the Indian Medical Council Act, 1956, the principles of natural justice, and the time schedule for approval of medical colleges.
Ratio Decidendi: The court's decision was based on the interpretation of the mandatory provisions of the Indian Medical Council Act, 1956, particularly Section 10-A(4) and its proviso. The court emphasized the significance of the time schedule for approval and the consequences of non-compliance with the Act.
Final Decision: The court dismissed the Writ Petitions, upholding the disapproval of the scheme for the academic year 2014-2015 and emphasizing the binding nature of the Supreme Court's orders regarding the time schedule for approval.
1. The Writ Petition in W.P.(MD)No.13117 of 2014 is at the instance of Chennai Medical College & Hospital & Research Centre, stated to be the Off Campus of SRM University, based at Chennai. The Medical College is primarily aggrieved by the order dated 15 July, 2014, whereby and wherender the Government of India was pleased to disapprove the scheme of recognition of M.B.B.S. course for the academic session 2014-2015.
2. The Writ Petition in W.P.(MD)No.13130 of 2014 is at the instance of the students of 20092010 batch of Chennai Medical College & Hospital & Research Centre, Tiruchirappalli and the prayer is to direct the Medical Council of India and the Registrar, Tamil Nadu Medical Council to treat them as provisionally recognized batch and to grant them provisional registration certificate to complete the internship and permanent registration certificate, taking into account their completion of M.B.B.S. course in a recognized institution.
3. The Writ Petition in W.P.(MD)No.13130 of 2014, though filed in the name of students, is essentially a Writ Petition filed by the Management and the same is evident from the nature of pleadings. Therefore, substantial Writ Petition which should be considered is the one that was filed by the Management.
W.P.(MD)No.13117 of 2014:
4. The petitioner (hereinafter referred to as 'the College') started functioning from the academic year 2008-2009. The College is affiliated to Dr.M.G.R. Medical University. The College submitted an application for admission of students to the sixth year batch for the academic year 2014-2015 and for permanent recognition on 17 October, 2013. The application was forwarded by the Government of India to the Medical Council of India on 21 November, 2013 for the purpose of assessment of physical and other infrastructure facilities including teaching facilities available for the purpose of recognition/approval for admission of 150 seats for the academic year 2014-2015 and for award of M.B.B.S. Degree. The inspecting team deputed by the Medical Council of India conducted inspection on 18 February, 2014 and 19 February, 2014. The assessment report was submitted to the Government of India. In the said report, the Executive Committee of Medical Council of India recommended to the Central Government not to grant recognition/approval to the College for the academic year 2014-2015.
5. The College, on receipt of the letter dated 19 March, 2014 and the assessment form taken from the website of Medical Council of India, submitted its explanation on 23 March, 2014. The explanation in the nature of a compliance report submitted by the College to the first respondent was forwarded to the second respondent, by its forwarding letter dated 31 March, 2014. The Medical Council of India failed to act in accordance with the compliance report. The College was kept in darkness. Finally, the College came to know from the impugned order dated 15 July, 2014 that approval was not given for fresh admission and permanent recognition on completion of 4 1/2 years of M.B.B.S. Course.
6. The order dated 15 July, 2014 rejecting the application for approval and the earlier proceedings of the Medical Council of India dated 19 March, 2014, recommending to the Government of India not to grant approval are challenged on the following grounds:
(i) The first respondent rejected the Scheme in gross violation of the provisions of Indian Medical Council Act, 1956. The order is bad on account of violation of principles of natural justice.
(ii) The proviso to Section 10-A(4) provides that no Scheme shall be disapproved by the Central Government except after giving the person or college concerned a reasonable opportunity of being heard. Even though the College submitted a compliance report, there was no follow-up action taken by the Medical Council of India either to inspect the institution once again or to hear the College, before passing any adverse order.
(iii) The Medical Council of India was oblige
