Advanced Medical Science & Education Society v. Medical Council of India & Anr

RAJIV SAHAI ENDLAW, J. SEPTEMBER 18, 2015 "bs/gsr"..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 18th September, 2015. + W.P.(C) 7414/2015 & CM No.13669/2015 (for directions) ADVANCED MEDICAL SCIENCE AND EDUCATION SOCIETY ..... Petitioner Through: Mr. R.K. Chaudhary & Mr. Anupam Bhati, Advs. Versus MEDICAL COUNCIL OF INDIA & ANR ..... Respondents Through: Mr. Vikas Singh, Sr. Adv. with Mr. T. Singhdev, Adv. for R-1. Ms. Shiva Lakshmi, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition impugns the letter dated 15th June, 2015 of the respondent No.2 Union of India (UOI) to the petitioner intimating to the petitioner disapproval of the scheme submitted by the petitioner in August 2014 for establishment of a new medical college with an intake capacity of 150 students annually in MBBS course / programme with effect from the academic year 2015-2016. Axiomatically, the petition also seeks a mandamus to the UOI and to the respondent No.1 Medical Council of India (MCI) to issue a letter of permission to the petitioner for establishing the said medical college with effect from the academic year 2015-2016. 2. Though the petition impugns the communication dated 15th June, 2015 supra and which according to the petitioner was received by it on 26th June, 2015 and further though the last date prescribed for grant of such approval was 15th July, 2015 but this petition though dated 23rd July, 2015 was filed first only on 31st July, 2015 but with defects and was thereafter re-filed on 1st August, 2015 and again on 4th August, 2015 and came up before this Court first on 5th August, 2015 when notice thereof was issued. Counter affidavit has been filed by MCI. No rejoinder thereto has been filed by the petitioner inspite of opportunity. The counsel for the petitioner and the senior counsel for MCI were heard on 24th August, 2015 and judgment reserved. 3. The case as borne out from the documents is as under: (i) that the petitioner Society claiming to be running a 300 beds hospital in the name of S.K.S. Hospital at Bhopal, Madhya Pradesh for the last three years, in or about August, 2014 submitted a scheme therefor under Section 10A of the Indian Medical Council Act, 1956 (MCI Act) to the UOI; (ii) that the MCI, during the scrutiny of the said application found that the Essentiality Certificate dated 27th August, 2014 issued by the Govt. of State of Madhya Pradesh as submitted by the petitioner alongwith its scheme / application for establishment of new medical college was not in the prescribed format and did not contain the requisite particulars / information of owning and managing a 300 beds hospital and about having adequate clinical materials; (iii) accordingly, the Executive Committee of the MCI in its meeting held on 20th November, 2014 decided to recommend to the UOI to disapprove and return the scheme submitted by the petitioner and communicated so to the UOI vide its letter dated 28th November, 2014; (iv) UOI gave a opportunity of hearing under Section 10A(4) of the MCI Act to the petitioner; (v) the petitioner during the said hearing produced an Essentiality Certificate dated 16th January, 2015 issued by the Govt. of State of Madhya Pradesh in favour of the petitioner; (vi) UOI under cover of its letter dated 31st January, 2015 to MCI forwarded the representation of the petitioner alongwith the Essentiality Certificate dated 16th January, 2015; (vii) the Executive Committee of the MCI in its meeting held on 10th February, 2015 decided that the application of the petitioner for establishment of a new medical college be proceeded with further and vide its letter dated 16th February, 2015 to the petitioner called upon the petitioner to submit the standard inspection forms alongwith declaration forms of the faculty members and which were submitted by the petitioner on 18th February, 2015; (viii) the college proposed by the petitioner and the attached hospital were inspected on 10th & 11th March, 2015, when the following deficiencies were found: "1. Def