N K P SALVE INSTITUTE OF MEDICAL SCIENCES AND LATA MANGESHKAR HOSPITAL Vs. BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) THIS petition is filed by the petitioner praying inter alia for quashing of the letters dated 04.01.2012 and 06.01.2012 issued by respondent No.1/MCI to the petitioner returning its application for increase of seats in various post graduate courses as detailed in the said letter on the ground that a Consent of Affiliation to be issued by the concerned University had not been attached by the petitioner along with the application for increase of seats and that the said document was an essential document for considering the proposal of the petitioner as per the qualifying criteria of the scheme prescribed for starting/increase of seats to post graduate course. The second relief sought by the petitioner is for directions to respondent No.1/MCI to consider its application for increase of intake in thirteen post graduate courses and starting two new super speciality courses for the academic session of 2012 -13 in accordance with the rules and regulations applicable in that regard.

(2.) COUNSEL for the petitioner submits that in an identical case, i.e., W.P.(C) No.203/2012 entitled 'Muzaffarnagar Medical College Vs. Board of Governors in Supersession of Medical Council of India and Anr.', this Court had granted interim relief to the petitioner therein by directing the respondent/MCI to carry out an inspection of the said college without prejudice to the respective rights and contentions of the parties. She states that even in the aforesaid case, the petitioner therein had not attached with its application, the Consent of Affiliation from the concerned University for which reason, the MCI had rejected its application.

(3.) COUNSEL for respondent No.1/MCI, who appears on advance copy, opposes the present petition on the ground that the same is highly belated, the petitioner having filed the present petition against the orders dated 04 -06.01.2012 after a period of three months from the date of passing of the said orders. He, however, states that initially, the cut -off date fixed for undertaking an inspection by the MCI was 28.02.2012 which date was later on extended by the Union of India at the request of the MCI by about one month and that the said extended period has also expired on 31.03.2012. He thus states that it is no longer in the hands of the MCI to undertake any such inspection as demanded by the petitioner for granting it permission to increase the intake in the post graduate course or to start new super speciality courses for the academic year 2012 -13 but, if the petitioner applies afresh for the academic session 2013 -14 along with the relevant documents as prescribed under the regulations, the said application shall be considered and processed by the MCI in the light of the documents that may be submitted by the petitioner at that stage.