WP(C) 9663/2015

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 21.12.2015

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Judgment delivered on: 29.12.2015

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WP(C) 9663/2015

RKDF MEDICAL COLLEGE HOSPITAL AND

RESEARCH CENTRE & ANR.

..... Petitioners

Versus

UNION OF INDIA & ORS.

..... Respondents

Advocates who appeared in this case:

For the Petitioners :

Mr. Nidhesh Gupta, Sr. Advocate with Mr Amalpushp Shroti and Mr

Somesh Chandra Jha, Advocates

For the Respondents: Mr. Dev P. Bhardwaj and Mr Vidhur Mohan, Advocates for R-1.

Mr T. Singhdev, Ms Puja Sarkar, Ms Biakthansanghi & Mr Sanjay

Kumar, Advocates for R-2.

Mr Arjun Garg and Mr Manish Yadav, Advocates for R-4.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

RAJIV SHAKDHER, J

WP(C) 9663/2015 & CM No. 23066/2015 (Stay)

PREFATORY FACTS

1. This is a writ petition whereby, the petitioners, seek a direction qua the

respondents to renew permission for admission to the second batch for MBBS

Course (comprising of 150 students), for the academic year 2015-2016.

1.1

In respect of the above, the impediment in the way of the petitioners, is

the final order of the first respondent i.e. Union of India (hereafter referred to as

the Central Government), dated 28.09.2015. The Central Government, in

reaching its conclusion (which is, that it would not renew permission for

admission to second batch for MBBS course, with respect to the academic year

2015:DHC:10544

WP(C) 9663/2015

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2015-2016), has taken into account the recommendation of respondent no.2 i.e.

the Medical Council of India (in short the MCI), as also, the recommendations

of its own "Hearing Committee" (in short the Committee). It is, therefore,

pertinent to note that the MCI's recommendations to the Central Government

are contained in its communication dated 24.09.2015.

1.2

It is in on account of the above, that the petitioners, in addition to the

prayer to which I have made a reference above, seek a direction from this court

to quash the order of the Central Government dated 28.09.2015, and the

recommendation of the MCI dated 24.09.2015.

2. Before I proceed further, I may record certain facts which transpired

during the pendency of the writ petition. The petitioners had approached this

court for the first time, on 09.10.2015, seeking urgent relief, as the last date for

completing the admission process, at that point in time, according to them, was

expiring on 10.10.2015. Due to the urgency expressed, the matter was taken up

for hearing and a detailed interim order was passed by me on that very date i.e.

09.10.2015. The reasons, as to why I had passed the interim order are set out in

the order itself, to which, I would make a brief reference in the latter part of my

discussion as arguments had been advanced by both sides even at that point in

time with regard to whether or not this writ petition survives in respect of the

academic year 2015-2016.

3. Therefore, before I proceed further, let me cull out the events which

preceded 09.10.2015, and those, which have followed the passing of the order

on the said date.

3.1

Evidently, the petitioners moved for setting up a medical college; and

accordingly, the Central Government, after compliance with the prescribed

process, exercised its powers under Section 10A of the Indian Medical Council

Act, 1956 (hereafter referred to as the IMC Act, 1956), and granted permission

2015:DHC:10544

WP(C) 9663/2015

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qua the said purpose, on 09.07.2014.

3.2

Consequent thereto, on 19.09.2014, the petitioners, as required, applied

for 1st renewal permission, qua 2nd batch, for academic year 2015-2016.

3.3

Resultantly, on 23-24.02.2015, the team of assessors deputed by MCI

carried out an inspection vis-a-vis petitioner (i.e. the medical college) to

ascertain as to whether or n