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MADRAS HIGH COURT
S. Manikumar, M. Venugopal, JJ.
Annapoorana Medical College and Hospital - Appellant
Versus
Secretary (Medical Education), Union of India Ministry of Health and Family Welfare, New Delhi - 110 001 and Ors. - Respondents
Writ Appeal No. 1147 of 2015 in M.P. No. 1 of 2015 & M.P. No. 2 of 2015 in W.P. No. 17985 of 2015
Decided On : 03-09-2015
For the Appellant : A. Ramesh
For the Respondent: G. Hema, V.P. Raman
Headnote:
Indian Medical Council Act, 1956 - Section 10A - Section 10 -A(4) - Section 10 -A(2)(a) - Section 10 -A(3) - Section 10 -A(3)(a) - Section 10 -A(3)(b) - Sub section 7 of Section 10(A) - Constitution of India - Article 254 - MBBS Students - Application For Renewal - 4th batch of MBBS students is concerned, for academic year, application for renewal was submitted - Medical Council of India, after a gap of seven months and in contravention of the normal practise, assessed appellant Medical College for renewal respectively, and noted down 14 deficiencies, which are minor in nature - On basis of Inspection Report, Executive Committee of Medical Council of India, passed a resolution, recommending rejection of request of appellant Medical College, for renewal of permission for 4th Batch of MBBS students - Decision was communicated to Central Government by Administrative Officer of Medical Council of India - Deficiencies noted were rectified by College and a compliance report, was also submitted - Medical Council of India was requested to assess Compliance Report - However, appellant Medical College came to know, through Website of Ministry of Health and Family Welfare, 1st respondent, that Medical Council of India had already recommended to disapprove scheme for permission for renewal of seats in MBBS course, for academic year – Held, Inspection of college is incidental to dispute, relating to rejection or non consideration of materials furnished by appellant college in proper perspective and with promptitude - Point of reference to MCI, for inspection is linked and connected to grant or refusal by Central Government - Powers are granted to Central Government to grant or refuse, approval or renewal, based on report and thus inspection, has relation to or in connection with main prayer - When there is a fault on part of respondents in processing application with enormous delay and if no reasonable opportunity is given to college, to comply with deficiencies, then it should be construed that it is authorities who have failed to adhere to time schedule and for that reason, it is view of this Court, authorities should not be permitted to take shelter under judgments of Supreme Court, which time and again, Apex Court has reiterated that time schedule has to be followed by them - Secretary, Medical Council of India, New Delhi, 3rd respondent herein, is directed to consider compliance report, and recommendation of Committee of Central Government, in letter, to review/assess scheme, in light of documents submitted by appellant -College, in compliance report, by causing inspection of appellant -College, within a period of one week, from tomorrow, and submit a report to Secretary to Government, Ministry of Health and Family Welfare, New Delhi, 1st respondent herein, within above said period, who, on receipt of said report, shall pass orders as early as possible and not later than, one week, from date of recommendation, after inspection by Medical Council of India and if for any reason, Central Government proposes to disapprove scheme, provide an opportunity to appellant -College, within said period of one week, in compliance with principles of natural justice – Appeal Allowed.
S. Manikumar, J.
Challenge in this Writ Appeal is to the order, made in M.P.No.2 of 2015 in W.P.No.17985 of 2015, dated 31.07.2015, by which, a learned single Judge has rejected the prayer for a direction to the Secretary, Medical Council of India, New Delhi, the 3rd respondent therein, to carry out the compliance verification, based on the rectification of the defects submitted to the Medical Council of India and to the Central Government, for grant of fourth renewal of permission for conducting the 5th batch of MBBS Degree Course with an annual intake of 150 students for the academic year 2015-16, in Annapoorana Medical College & Hospital, Sankari Main Road, (NH-47), Veerapandi Union, Kombadipatty, Salem 636 308.
2. Short facts leading to the appeal, are as follows:
Annapoorana Medical College and Hospital, Salem, was issued with a letter of permission, dated 08.06.2011, by the Board of Governors, in supersession of Medical Council of India, under Section 10A of the Indian Medical Council Act, 1956, for establishment of a New Medical College at Salem, by Vinayaka Missions Research Foundation Trust (VMRF Trust), with an annual intake of 150 students for the academic year 2011-12.
3. When the college submitted an application for renewal for admission to the 2nd batch of 150 students for the academic year 2012-13, Medical Council of India noticed certain deficiencies. Inspection by the Assessors of Medical Council of India, New Delhi, was made on 15.02.2012 and 16.02.2012 respectively. An opportunity was given to the College to rectify the defects. Thereafter, a Compliance Verification Inspection was carried out on 16.06.2012. After verification, as to whether the deficiencies noticed were rectified to the satisfaction of Medical Council of India, permission was granted, for admission to the 2nd batch of 150 students, for the academic year 2012-13.
4. For renewal of permission to the 3rd batch of admission of 150 MBBS students, for the academic year 2013-14, Medical Council of India, carried out assessment of the Medical College on 15.04.2013 and 16.04.2013 respectively. The Secretary, Board of Governors, in supersession of Medical Council of India, by letter, dated 06.06.2013, conveyed the approval for renewal of permission to the 3rd batch of 150 students.
5. Insofar as the 4th batch of 150 MBBS students is concerned, for the academic year, 2014-15, application for renewal was submitted on 22.10.2013. Medical Council of India, after a gap of seven months and in contravention of the normal practise, assessed the appellant Medical College for renewal, only on 15.05.2014 and 16.05.2014 respectively, and noted down 14 deficiencies, which are minor in nature. On the basis of the Inspection Report, the Executive Committee of the Medical Council of India, passed a resolution on 03.06.2014, recommending rejection of the request of the appellant Medical College, for renewal of permission for the 4th Batch of 150 MBBS students, for the academic year 2014-15. The decision was communicated to the Central Government by the Administrative Officer of the Medical Council of India, on 10.06.2014. Deficiencies noted were rectified by the College and a compliance report, dated 19.06.2014, was also submitted. The Medical Council of India was requested to assess the Compliance Report.
6. However, on 04.07.2014, the appellant Medical College came to know, through the Website of the Ministry of Health and Family Welfare, New Delhi, 1st respondent, that the Medical Council of India had already recommended to disapprove the scheme for permission for renewal of seats in MBBS course, for the academic year 2014-15. Central Government directed the College to submit a compliance report or to appear for personal hearing on 07.07.2014. In response to the communication, dated 04.07.2014, Dean of the Medical College personally appeared on 07.07.2014 and submitted the para-wise Compliance Report, on the deficiencies noticed and requested to grant renewal of
