GANGAJALI EDUCATION SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Shankaracharya Institute of Medical Sciences is a medical college established and run by Shri Gangajali Education Society. The said college was granted permission to admit 150 MBBS students for the academic year 2017-18 with 150 seats pursuant to the order of the Hon'ble Supreme Court. Thereafter, the said institution made an application for grant of renewal of permission for admission of 3rd batch of 150 MBBS students for the academic year 2018-19. That application was duly processed and Medical Council of India (MCI) conducted inspection of petitioner No.2 College and found gross deficiencies holding that the petitioner Medical College had failed to fulfill its minimum infrastructure, teaching faculty, clinical material and other physical facilities in their medical college. The deficiencies pointed out in the inspection report have been detailed out in the inspection report dated 9th & 10th October, 2017. Apart from other deficiencies, the deficiency of residents was to the extent of 32.65% (more than 30%) and bed occupancy on the day of the assessment was only 22.66% (less than 50%). The inspection note was considered by the Executive Committee of MCI in its meeting held on 27-11-2017 and the said committee decided to recommend to the Central Government to invoke Regulation 8(3) (1)(a) of the Medical Council of India Establishment of Medical College Regulations, 1999 (for short, 'the Regulations, 1999') and to disapprove the petitioners' application. The said decision of the Executive Committee was approved by the Oversight Committee constituted by the Supreme Court and MCI recommended to the Central Government not to grant renewal of permission for admitting 3rd batch of 150 MBBS students for the academic year 2018-19 by memo dated 14-12-2017, 19-2-2018 and 4-5-2018. However, the Central Government constituted a hearing committee for granting opportunity of hearing to the petitioner College under Section 10A(4) of the Indian Medical Council Act, 1956 (for short, 'the IMC Act') and thereafter, based on the conclusion of the hearing committee, by memo dated 10-1-2018 requested respondent No.2 MCI to review the scheme in light of the documents submitted by the petitioner College and furnish its recommendation to the Central Government. MCI respondent No.2 herein considered the matter in its Executive Committee meeting dated 26-4-2018 and in view of the provision contained in Regulation 8(3)(1)(a) of the Regulations, 1999, resolved to reiterate its earlier decision taken on 22-11-2017 which was duly accepted by the Oversight Committee constituted by the Supreme Court.

(2.) Questioning legality, validity and correctness of the recommendations made by the Executive Committee on 26-4-2018 not to consider the case of the petitioner College for renewal of permission for admitting 150 MBBS students for the academic year 2018-19, this writ petition has been preferred on the ground stating inter alia that MCI is only a recommendatory body under Section 10A(3) of the IMC Act and final authority is Central Government and, therefore, respondent No.2 could not have overturned the decision of the Central Government taken under Section 10A(4) of the IMC Act read with the Regulations, 1999 directing review and the impugned recommendation made by respondent No.2 MCI is violative of the principles of natural justice incorporated in Section 10A(3) of the IMC Act and decision has been taken by the Executive Committee of the MCI which is not the Council, as such, the impugned recommendation dated 26-4-2018 cannot be construed to be a recommendation under Section 10A of the IMC Act by the MCI and, therefore, it is without jurisdiction and without authority of law.

(3.) Detailed return has been filed by respondent No.2 / MCI stating inter alia that the petitioner Medical College has failed to maintain the minimum infrastructure, teaching faculty, clinical material and other physical facilities in its Medical College due to which respondent No.2 MCI was constrained to recommend to the Central Government to disapprove the petitioners' scheme / application to admit 150 MBBS students for the academic year 2018-19 and in light of Regulation 8(3)(1)(a) of the Regulations, 1999, the petitioner College is not entitled to be provided opportunity of rectification of the deficiencies. It has also been stated that the validity of Regulation 8(3)(1)(a) of the Regulations, 1999 has already been upheld by the Delhi High Court and as such, the petitioner College is not entitled for opportunity of hearing to rectify the deficiencies, therefore, the writ petition deserves to be dismissed.