MEDICAL COUNCIL OF INDIA Vs. MUZAFFARNAGAR MEDICAL COLLEGE

JUDGEMENT

(1.) THIS intra -court appeal impugns the order dated 29th October, 2014 of the learned Single Judge of this Court allowing W.P.(C) No. 7339/2014 filed by the respondents No. 1 and 2 i.e. Muzaffarnagar Medical College (MMC) and its Chairman Sh. Satish C. Goel and impleading the respondent No. 3 Union of India (UOI) only as the respondent thereto and by setting aside the letter dated 22nd July, 2014 of the respondent No. 3 UOI, returning / rejecting the Scheme (for starting various postgraduate courses and for increase in seats for other postgraduate courses) for the academic session 2015 -16 submitted by the respondent No. 1 MMC on 27th May, 2014 on the ground of same having been submitted after the cut -off date of 30th April, 2014 and permitting the respondent No. 1 MMC to re -file its Scheme for the academic session 2015 -16 within a period of two weeks therefrom and by directing the respondent No. 3 UOI to consider the said Scheme on merits.

(2.) THE appeal came up before us first on 12th December, 2014 when the counsel for respondent No. 1 MMC as well as the counsel for respondent No. 3 UOI appeared on advance notice. It was the contention of the senior counsel for the appellant Medical Council of India (MCI) that the appellant was a necessary party to the writ petition and was adversely affected by the order of the learned Single Judge. Reliance in this regard was placed on Medical Council of India Vs. Swati Sethi : (2004) 5 SCC 798 and Dental Council of India Vs. S.R.M. Institute of Science & Technology : (2004) 9 SCC 676. The counsel for the respondent No. 1 MMC on that date did not contend that the appellant, being not a party to the writ petition, was not entitled to prefer the appeal. We thus stayed all further proceedings pursuant to the order of the learned Single Judge and posted the matter for hearing. We have heard the senior counsel for the appellant as well as the senior counsel for the respondent No. 1 MMC.

(3.) THE writ petition came up before the learned Single Judge of this Court first on 29th October, 2014 when the counsel for the sole respondent UOI / Central Government appeared on advance notice. The learned Single Judge accepted the contention of the counsel for the respondent No. 1 MMC that the respondent No. 1 MMC could not have filed the Scheme for the academic session 2015 -16 till it was informed of the fate of the Scheme submitted for the previous academic session 2014 -15 and rejection whereof was learnt by the respondent No. 1 MMC on 27th May, 2014 only; it was thus held that the respondent No. 1 MMC could not have prior to the cut off date of 30th April, 2014 filed the Scheme for the academic session 2015 -16. Accordingly, the writ petition was allowed, permitting the respondent No. 1 MMC to re -file its Scheme for the academic session 2015 -16 within a period of two weeks therefrom and with a direction to the respondent No. 3 UOI / Central Government to consider the said Scheme on merits.