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

RAJIV SAHAI ENDLAW, J. SEPTEMBER 16, 2015/'bs'..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 16th September, 2015. + W.P.(C) 7671/2015 & CM No.14973/2015 (for directions) TRR INSTITUTE OF MEDICAL SCIENCES ..... Petitioner Through: Mr. J.S. Bhasin with Ms. Rashmi Priya & Mr. Nishant Shokeen, Advs. Versus UNION OF INDIA & ANR ..... Respondents Through: Mr. A.P. Sahay, Adv. for R-1. Mr. T. Singhdev with Ms. Biakthansangi & Ms. Puja Sarkar, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition impugns, (i) the decision dated 29th April, 2015 of the Executive Committee of the respondent No.2 Medical Council of India (MCI) for disapproval of the scheme submitted by the petitioner for establishment of a new medical college with an intake capacity of 150 seats for MBBS course at Patancheru, Medak, District-Telangana, Hyderabad, Andhra Pradesh for the academic year 2015-2016; (ii) the communication dated 15th June, 2015 of the respondent No.1 Union of India (UOI) to the petitioner, disapproving the scheme submitted by the petitioner for establishment of the medical college; and, (iii) seeks a mandamus to the UOI to grant letter of permission to the petitioner for starting of a New Medical College with 150 admission capacity in MBBS course for the current academic year 2015-2016. 2. The petition came up before this Court first on 12th August, 2015 when it was the contention of the counsel for the petitioner that the controversy, as entailed in the present petition, was the same as in W.P.(C) No.6529/2015 titled Rajshree Educatonal Trust Vs. Union of India in which hearing had been concluded on 5th August, 2015 and judgment had been reserved. In view of the said contention, with the consent of the counsels, hearing in this petition was concluded on the same day and judgment reserved to be pronounced along with judgment in W.P.(C) No.6529/2015. The counsel for MCI has however thereafter handed over written submissions also. 3. I have vide detailed judgment pronounced today, dismissed the writ petition of Rajshree Educatonal Trust supra. Though in the light thereof, this petition is also to be dismissed but it is deemed appropriate to set out the factual position herein. 4. In pursuance to the application dated 28th August, 2014 of the petitioner for starting a medical college with annual intake capacity of 150 admissions in MBBS course for the academic year 2015-2016, a surprise inspection of the petitioner medical college was carried out on 29th & 30th December, 2014 and in which the following deficiencies were found: "1. Deficiency of faculty is 85% as detailed in report. 2. Shortage of Residents is more than 90% as detailed in report. 3. Bed occupancy is only 6.7%. 4. Wards: Infrastructure is available but yet to start functioning. 5. No OPD patient was found. 6. No operative work was carried out on day of assessment. 7. No Radiological or Laboratory investigations were carried out on day of assessment. 8. ICUs: There was no patient in any ICCU or ICUs on day of assessment. 9. Principal, Dr. K.K. Dave was on leave on day of assessment. 10. No Nursing staff was available on day of assessment. 11. Only 10 paramedical staff were available against requirement of 112 on day of assessment. 12. Hospital authorities have given average OPD attendance of more than 600 & bed occupancy approximately 70% for 3 randomly selected days but no such evidence was produced in MRD/any other record to justify them. 13. Both college & hospital were closed as the management had declared vacation from 22/12/2014 to 01/10/2015. Closure of the hospital due to vacation is not permitted and justified. 14. Other deficiencies as pointed out in the assessment report." 5. It is the case of the petitioner that it is a Christian Minority Institution established by St. Augustin Educational Society and had declared holidays from 22nd December, 2014 to 1st January, 2015 in view of Christmas / New Year. 6. Needless to state that the Executive Committee of the MCI decided to recomme