Advocates:
['M/S MUTHUMANI DORAISAMI', '', 'KANDHAN DURAISAMI', 'M S RAMESH AGP TAKES NOTICE', '', 'FOR R', 'V P RAMAN', 'COUNCIL OF INDIA']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2013

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN

W.P.No.22241 of 2013

& M.P.Nos.1 and 2 of 2013

Mahatma Gandhi Medical College

and Research Institute

Rep. by its Chairman

Pillaiyarkupam

Pondicherry-607 402.

...

Petitioner

versus

1. The Union of India

rep. by its Secretary to Government

Ministry of Health and Family Welfare

Department of Health and Family Welfare

New Delhi- 110 001.

2. Medical Council of India

Rep. by its Secretary

Pocket 14, Sector 18

Dwaraka Phase I

New Delhi – 110 077.

...

Respondents

Writ Petition filed under Article 226 of the Constitution of

India praying for a Writ of Certiorarified Mandamus calling for the

records of the respondents pertaining to the orders of the 2nd

respondent vide its E-Mail in Proc. No.MCI-258 (22)/2012- Med/101029-

33 and Proc. No.MCI-258(22)/ 2012-Med/101055-59 dated 14.7.2013

(Sunday) rejecting the Application of the petitioner dated 12.9.2012

for increase of intake by one seat each DM - Cardiology and M.Ch -

Urology Post Graduate Super Speciality Courses and quash the same and

directing the respondents to forthwith permit the petitioner

institution to have increase of one seat each in DM - Cardiology and

M.Ch - Urology Post Graduate Super Speciality Courses pursuant to the

Application of the petitioner dated 12.9.2012.

For petitioner

: Mr.K. Doraisamy

Senior Counsel

for M/s. Muthumani Doraisami

For Respondents

: Mr.V.P.Raman for R.2

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https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Introductory:

Whether pendency of criminal proceedings launched by Central

Bureau of Investigation and initiation of consequential proceedings

by the Ethics Committee would give authority to Medical Council of

India (hereinafter referred to as MCI) to reject the application for

sanctioning additional intake in Super Speciality Course, is the core

issue that arises for consideration in this writ petition.

Summary of facts:

2. The writ petition is directed against the order dated 14 July

2013, whereby and whereunder the Medical Council of India was

pleased to reject the application for increase of seats in D.M.

(Cardiology) and M.Ch. (Urology) in view of the criminal case

registered against the institution by the Central Bureau of

Investigation (hereinafter referred to as CBI) and the currency of

proceedings before the Ethics Committee.

3. The petitioner is a Medical College established on the

strength of the letter of permission issued by the Government of

India. The institution commenced its operation from the academic year

2002-2003. The MCI granted renewal of permission year after year

till the fifth renewal in the year 2006-2007. Thereafter permanent

recognition was granted by the Department of Health and Family

Welfare, Government of India pursuant to the recommendation made by

MCI. The petitioner thereafter obtained permission to commence Post

Graduate and Super Speciality courses, The petitioner for the

purpose of increase in intake made an application before the MCI on

12 September 2012. The petitioner wanted one more seat in D.M.

(Cardiology) and M.Ch. (Urology) for the academic year 2013-2014.

The MCI after conducting extensive study through the Assessors placed

the application before the Board of Governors for decision. The MCI

having found that the petitioner was involved in a criminal case

registered by the CBI disapproved the scheme for increase of seats.

Feeling aggrieved by the decision taken by the MCI, the petitioner is

before this Court.

4. The MCI filed a counter affidavit in answer to the

contentions raised in the affidavit filed in support of the writ

petition. The MCI contended that the CBI found several

deficiencies besides manipulation of records and employment of

faculty m