MEDICAL COUNCIL OF INDIA TEMPLE LANE NEW DELHI-110001 REP BY ITS SECRETARY Vs. DR. K. KISHORE S/O LATE DR K.P. BHASKAR

JUDGEMENT

(1.) BY the order dated 23.3.2009 passed in WP. No. 16340/2005 and connected matters, the writ petitions filed by the medical students were allowed and consequently the Union of India and Medical Council of India, New Delhi were directed to recognize the petitioners' Post -Graduate Degree Qualification (MD/MS). Sri Khetty, learned counsel appearing for the review petitioner -Medical Council of India drawing the attention of the Court to the order of this Court passed in WP. No. 14727/2007, disposed of on 8.4.2009, submits that respondent No. 46 - Dr. B.R. Ambedkar Medical College be directed to comply with the defects pointed out by the Inspection Committee of the Medical Council of India, within a reasonable period, so that the students -private respondents herein would be safe.

(2.) LEARNED advocate appearing for respondent No.46 -Medical College is absent. However, learned advocates Sri Sachindra Karanth and Sri Shashikiran Shetty appearing on behalf of the students i.e., beneficiaries of the order of this Court passed in WP. No. 16340/2005 and connected matters are heard. This Court in another matter i.e., in WP. No. 14727/2007, disposed of on 8.4.2009 has observed thus: - A Division Bench of this Court while dealing with similar situation in the case of Dr.Pramod Pandurang vs. Union of India & others (WP. No. 34504/2003) disposed of on 11.8.2004 has given certain directions to overcome such a situation. The observations made in the said judgment are aptly applicable to the matter on hand. Hence, the same are respectfully followed by me while passing this order. Therefore, I am of the opinion that unless and until the defects pointed out by the Medical Council of India are removed, there cannot be any question of granting the recognition to the College in question. The College Authorities will be entitled to cure the defects pointed out in the Inspection report. After curing the defects, they may apply to the Medical Council of India for further inspection. It is for the Medical Council of India to decide whether the College has got all the facilities for imparting proper Medical Education. But, on the facts, as brought out on record, no specific direction can be given to the Medical Council of India to take any steps for granting recognition to the College. Having regard to the fact that the petitioner should not be made to suffer, this Court directs respondents 5 to 7 to cure or to remove the defects pointed out by the Medical Council of India and after curing the defects, they shall apply to the Medical Council of India for further inspection. If so applied, the Medical Council of India shall take up further inspection within a period of one month thereafter and depending upon the recommendation of the Medical Council of India, the Central Government or the Union of India shall take action in accordance with Section 11(2) of the Indian Medical Council Act, 1956 as expeditiously as possible. In the aforementioned matter, this Court has in similar circumstances directed the Medical Colleges to cure or remove the defects as pointed out by the Inspection Committee of Medical Council of India and after curing the defects they can apply to the Medical Council of India for further inspection.

(3.) SINCE the students are already benefited by the order of this Court dated 23.3.2009 passed in WP. No. 16340/2005 and connected matters, their career should not be affected. It is made clear that in order to further safeguard the interest of the students, respondent No. 46 -College is directed to get the recognition of Medical Council of India by rectifying the defects if any, in respect of particular Degrees. Hence, respondent No. 46 - college and respondent No. 45 -Educational Trust running the Medical College are directed to apply to the Medical Council of India under Section 11(2) of the IMC Act, within two months from today. After receipt of such an application, college shall be inspected by the Medical Council of India and further action shall be taken.