Himalayan Institute of Medical Sciences v. Union of India & Anr

RAJIV SAHAI ENDLAW, J. AUGUST 11, 2015 'gsr'

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11th August, 2015 + W.P.(C) No.6778/2015 HIMALAYAN INSTITUTE OF MEDICAL SCIENCES ….. Petitioner Through: Mr. Sanjeev Agarwal & Mr. Ekansh Agarwal, Adv. Versus UNION OF INDIA & ANR. ….. Respondents Through: Mr. S.N. Parashar, Adv. for R-1. Mr. Vikas Singh, Sr. Adv. with Mr. T. Singhdev, Ms. Biakthansangi & Ms. Puja Sarkar, Advs. for R-2. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petitioner College is aggrieved from the refusal by the respondent No.1 Union of India (UOI), vide order dated 15th June, 2015, to renew permission to admit the increased intake of 50 students to the MBBS programme for the academic year 2015-16. 2. The petitioner Medical College was established in the year 2002 with permission to admit 100 students in the MBBS programme. The permission was renewed from year to year and ultimately recognition was granted. The petitioner College applied for increase in seats in the MBBS programme from 100 to 150 and the said increase was permitted in the academic year 2013-14 and the permission to admit 50 students, in addition to 100 for which recognition stands granted, was renewed for the year 2014-15. However as aforesaid, vide order dated 15th June, 2015 impugned in this petition, renewal of permission to admit 50 additional students in the academic year 2015-16 has been denied and which has led to the filing of this petition. 3. Notice of the petition was issued and counter affidavit has been filed by the respondent No.1 UOI as well as the respondent No.2 Medical Council of India (MCI). The counsels were heard on 6th August, 2015 and judgment reserved. 4. The counsel for the petitioner argued, that: (i) An inspection of the petitioner College was carried out on 12th and 13th December, 2014 and a notice dated 21st January, 2015 listing out the deficiencies found in the inspection was issued and negative recommendation for the year 2015-16 made to the Government of India. (ii) The Government of India in the hearing under Section 10A(4) of the Indian Medical Council Act, 1956, after perusing the reply of the petitioner College to the deficiency notice, on 20th February, 2015 asked the respondent No.2 MCI to review. (iii) Another inspection was carried out of the petitioner College by the respondent No.2 MCI on 22nd May, 2015 and the respondent No.2 MCI on 4th June, 2015 withdrew the deficiency notice earlier issued. (iv) Notwithstanding the same, Government of India vide impugned order dated 15th June, 2015 has denied renewal of the permission for increased intake of 50 students for the academic year 2015-16. (v) The respondent No.2 MCI having withdrawn the deficiency notice earlier issued, the Government of India could not deny the renewal permission for increased intake. (vi) That the fact that the date prescribed by the Supreme Court for grant of such permission has lapsed cannot be a ground for this Court not granting permission, which has been wrongly denied, today. Reference in this regard is made to the order dated 15th July, 2015 of the Supreme Court in SLP (C) No.14838/2015 titled Ponnaiyah Ramajayam Institute of Science and Technology Trust Vs. Medical Council of India to contend that the date is not sacrosanct and no pedantic approach can be adopted. 5. The senior counsel for the respondent No.2 MCI has explained that: (a) As far as the intake capacity of 100 students to the MBBS programme is concerned, the petitioner College was granted recognition, meaning that it does not have to apply year after year for renewal of permission. (b) The petitioner College thereafter as aforesaid applied for permission to increase the intake in MBBS programme by 50 students i.e. to 150 students annually and for which permission was granted in the year 2013-14 and renewed in the year 2014- 15. (c) However deficiencies were found in the inspection of 12th and 13th December, 2014 and which led to i) issuance of the notice dated 21st January, 2015, and, ii