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2015 Supreme(Mad) 2570

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DEVADASS, J.
Sri Manakula Vinayaga Educational Trust, Puducherry Represented by M.Dhanasekaran, – Appellant
Vs.
The Deputy Superintendent of Police, Central Bureau of Investigation, Special Police Establishment, Anti Corruption Bureau, Shastri Bhavan, Cennai – Respondent
Crl.O.P.Nos.4735, 6255, 7181, 7182 and 7183 of 2015 and M.P.Nos.1, 1 and 3 of 2015
Decided On : 31-07-2015

Advocates:
Advocate Appeared:
For Crl. OPs 4735&6255/15 : Mr. A.Ramesh, Senior Counsel for Mr. C.Arun Kumar.
For Crl.OPs 7181 to 7183/15 : Mr. A.Ramesh, Senior Counsel for Mr. L.Swaminathan
For Respondent in all Crl.OPs.: Mr. K.Srinivasan, Special Public Prosecutor for CBI Cases.

Headnote:

The High Court quashed the criminal proceedings against the petitioners, who were accused of conspiracy, cheating, forgery, and other offenses related to obtaining permission from the Medical Council of India (MCI) and the Government of India to start a medical college.

Fact of the Case:

The petitioners were accused of submitting false documents and making false declarations to obtain permission from the MCI and the Government of India to start a medical college. The prosecution alleged that the petitioners had conspired together to produce false documents and make false declarations, and that they had cheated the MCI and the Government of India by submitting these documents and declarations.

Finding of the Court:

The High Court found that there was no prima facie case against the petitioners. The Court held that the prosecution had failed to produce any evidence to support the allegations of conspiracy, cheating, forgery, or other offenses. The Court also held that the MCI Act was a self-contained code that provided for disciplinary action against medical educational institutions and doctors who committed misconduct, and that there was no penal provision in the Act to punish those who committed such misconduct.

Issues: Whether there was a prima facie case against the petitioners. Whether the MCI Act provided for penal action against those who committed misconduct.

Ratio Decidendi: The Court held that there was no prima facie case against the petitioners because the prosecution had failed to produce any evidence to support the allegations of conspiracy, cheating, forgery, or other offenses. The Court also held that the MCI Act was a self-contained code that provided for disciplinary action against medical educational institutions and doctors who committed misconduct, and that there was no penal provision in the Act to punish those who committed such misconduct.

Final Decision: The High Court quashed the criminal proceedings against the petitioners.

ORDER

As all these five Criminal Original petitions are connected on facts and law, they were heard together and are being disposed of by this common order.

2. A-1 to A-6 in C.C.No.1 of 2014 on the file of the learned Special Judge, C.B.I. cases, Puducherry seeks quashment of the entire criminal proceedings in the said case under Section 482 Cr.P.C.

3. The details of the Crl.O.Ps. filed by them are as under:       

CRL.O.P.No.

Accused

Name of the accused

4735/2015

(i) A-1

 

 

(ii) A-3

Sri Manakula Vinayaga Educational Trust, Puducherry represented by A-2

(ii) Sri Manakula Vinayagar Medical College & Hospital, Puducherry represented by A-2

6255/2015

A-2

M.Dhanasekaran, Founder/Author & Secretary of A-1 and Managing Director of A-3

7181/2015

A-4

Dr. D.Rajagovindan, Director & Principal of A-3

7182/2015

A-6

Dr.M.C.R.Vyas

7183/2015

A-5

Dr.C.A.Desai

4. In the said case, offences alleged as against A-1 to A-6 are under Sections 120-B r/w 420, 468 r/w 471 I.P.C. and Sec.13(2) r/w 13(1) (d) of Prevention of Corruption Act and the substantive offences thereon.

5. Sri Manakula Vinayaga Educational Trust, Puducherry (A-1) was established in 1998 by M.Dhanasekaran (A-2) to impart medical education through Medical College and A-2 was its Founder, Chairman and Managing Trustee. In 1999, he was replaced by Kesavan.

6. The Government of Pondicherry issued Essentiality Certificate to the Trust to start a Medical College. The Trust applied to the Medical Council of India (hereinafter, in short, 'MCI') for permission. The MCI conducted inspection through Dr.C.A.Desai (A-5) and Dr.M.C.R.Vyas (A-6) and certain other Inspectors. Totally 11 such inspections were conducted.

7. In 2006, the Trust was granted letter of permission to establish A-3 Medical College and Hospital in Kalitheerthalkuppam, Madagadipet, Puducherry to admit 150 students in M.B.B.S. The Course commenced from the academic year 2006-2007. The College is affiliated to Pondicherry University. Out of the 11 Inspections conducted by MCI, A-5 conducted 1st (2005), 3rd (2006) and 7th (2009) at A-3 College and A-5 conducted 4th (2007), 5th (2008) inspection of A-3 College.

8. For renewal of the second, third, fourth and fifth batches, inspection was conducted by MCI through its Inspectors. In 2011, the College was granted permission by MCI to start P.G. Courses. Subsequently also permission was granted to start further PG Courses. Totally, now 19 PG Courses are being run by the College.

9. Some of the students of A-3 College bagged many ranks and goldmedals in the University Examinations. Some of the students were sent to represent the College in certain International Medical Conferences. Till date, the College is conducting its UG and PG Courses. As on date, the MCI did not discontinued the permission granted to the College.

10. On 12.2.2011, based on some source information, CBI registered an FIR, in RC MA 1 2011 A 0009 as against 11 persons alleging conspiracy, irregularity, cheating, fraud and forgery in obtaining permission from MCI and the Government of India during the period 2003-2010 and it had also cheated the students:

11. In the said F.I.R., following persons have been included:

(1) Sri Manakula Vinayagar Educational Trust, Madagadipet, Pondicherry;

(2) M.Dhanasekaran, Secretary, Sri Manakula Vinayagar Educational Trust and Managing Director of Sri Manakula Vinayagar Medical College and Hospital;

(3) Sri Manakula Vinayagar Medical College and Hospital;

(4) Dr.Raja Govindan, Dean;

(5) Dr.C.A.Desai-MCI Inspector, New Delhi;

(6) Dr.S.B.Agarwal-MCI Inspector, New Delhi;

(7) Dr.M.C.R.Vyas-MCI Inspector, New Delhi;

(8) Unknown MCI Inspectors;

(9) Unknown Officials of Board of Governors in super Session of MCI;

(10) Unknown Officials of Ministry of Health, Government of Pondicherry; and

(11) Unknown Officials of Ministry of Hea











































































































































































































































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