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SUPREME COURT OF INDIA
A.M. Khanwilkar, Dinesh Maheshwari, Sanjiv Khanna, JJ.
Sukh Sagar Medical College And Hospital - Appellant
Versus
State Of Madhya Pradesh & Ors. - Respondents
Civil Appeal No. 2843 of 2020 (Arising out of SLP(C) No. 3820 of 2020)
Decided On : 31-07-2020
Constitution of India, 1950 - Article 47 - Article 47 - Medical Council of India Establishment of Medical College Regulations, 1999 - General Clauses Act - Section 21 - Gyanjeet Sewa Mission Trust - Whether State Government had unjustly revoked Essentiality Certificate granted to Gyanjeet Sewa Mission Trust for establishing a medical college at Jabalpur in the State of Madhya Pradesh, being contrary to the decision of a two-Judge Bench of this Court in Chintpurni Medical College and Hospital & Anr. vs. State of Punjab & Ors., (2018) 15 SCC 1
Finding of the Court :
Article 47 of Constitution of India encompassed in Directive Principles of State Policy, enjoins State with a duty to provide for and ensure good public health and a constant endeavour to improve same to effectuate fundamental right to life guaranteed by Constitution to all - Court view must come within excepted category, where State Government ought to act upon and must take corrective measures to undo hiatus situation and provide a window to some other institute capable of fulfilling minimum standards/norms specified by MCI for establishment of a new medical college in concerned locality or within State. Without any further ado, court view that appellant-College is a failed institute thus far and is unable to deliver aspirations of student community and the public at large to produce more medical personnel on year to year basis as per spirit behind issuance of subject Essentiality Certificate. To this extent, court respectfully depart from view taken in Chintpurni Medical College (supra) - Uphold order of High Court rejecting the subject writ petition filed by appellant-College, whereby it had assailed order of State Government, withdrawing Essentiality Certificate. At same time, court reiterate liberty given by High Court to appellant-College to forthwith remove all the deficiencies pointed out by the MCI in its order.
Result: Appeal dismissed.
JUDGMENT
A.M. Khanwilkar, J. - Leave granted.
2. The seminal question in this appeal is: whether the State Government had unjustly revoked the Essentiality Certificate granted to Gyanjeet Sewa Mission Trust [For short, "the appellant-Trust" or "the appellant-College"] for establishing a medical college at Jabalpur in the State of Madhya Pradesh, being contrary to the decision of a two-Judge Bench of this Court in Chintpurni Medical College and Hospital & Anr. vs. State of Punjab & Ors., (2018) 15 SCC 1 ?
3. Shorn of unnecessary details, the Government of Madhya Pradesh, on an application made by the appellant-Trust, issued the stated Essentiality Certificate as prescribed in Form-2 appended to the Medical Council of India Establishment of Medical College Regulations, 1999 [For short, "the 1999 Regulations"] . The same reads thus:-
"Government of Madhya Pradesh
Medical Education Department, Bhopal
F.No. F-5-56/2014/1/55 Date: 27.08.2014
To,
The Chairman,
GhyanjeetSewa Mission Trust,
SukhSagar Medical College & Hospital Jabalpur
Jabalpur
Sir,
The desired certificate is as follows:-
| 1. | No. of institutions already existing in the State. | 6 Autonomous Medical Colleges 7 Private Medical Colleges |
| 2. | No. of seats available or No. of doctors being produced annually. | 1770 MBBS Seats |
| 3. | No. of doctors registered with the State Medical Council. | Not Updated |
| 4. | No. of doctors in Government service. | Not Updated |
| 5. | No. of Government posts vacant and those in rural/difficult areas. | Not Updated |
| 6. | No. of doctors registered with Employment Exchange. | Not Updated |
| 7. | Doctor population ratio in the State. | The population of State is 7,26,27000 as per 2011 census. The population of Jabalpur Division, where the Medical College is proposed is 24,63,289 |
| 8. | How the establishment of the college would resolve the problem of deficiencies of qualified medical personnel in the State and improve the availability of such medical manpower in the State. | By increasing qualified Medical Doctors in the state of Madhya Pradesh. |
| 9. | The restrictions imposed by the State Government, if any, on students who are not domiciled in the State from obtaining admissions in the State, be specified. | No restrictions. The admission will be made through M.P. Professional Examinations Board. |
| 10. | Full justification for opening of the proposed college. | For opening of the proposed Medical College, the applicant is a Registered Trust, possessing 27.27 acres of land with 300 bedded running hospital and adequate planning & time bound programme. The Applicant is developing Staff Quarters, Nurses Quarters, Boys & Girls Hostel along with ample Administrative Block, Parking Space, Sports Ground and having well managed funds to run the Medical College & Hospital. The Hospital would serve the growing population of Jabalpur. People will get modern health treatment under one roof. The opening of medical college will give 150 trained & educated Medical Professionals to the society every year, who will contribute in serving the public at large. Thus, opening up of a Medical College and Hospital in Jabalpur would not only bridge the huge gap but will definitely contribute on its part for the service of needy patients of Jabalpur, in particular and the state at large. |
| 11. | Doctor-patient ratio proposed to be achieved | Marginally increased |
The Ghyanjeet Sewa Mission Trust, has applied for establishment of a new Medical College at Jab
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