DEVENDER KUMAR SETHI Vs. SUMITRA

JUDGEMENT

(1.) The Medical Council of India (the appellant, hereafter called "MCI") is aggrieved by the judgment of a learned Single Judge directing it to treat the Chettinad Hospital & Research Institute/respondent institution's scheme/application dated 27.06.2017 as complete and the first consent of application (hereafter "COA") dated 05.07.2016 submitted along with it as valid. MCI was further directed to process the said institution's scheme/application dated 27.06.2017 in accordance with law by conducting the requisite inspection.

(2.) The writ petitioner/institute (i.e. the respondent here, referred to in this judgment as "Chettinad") impugned the decision, dated 06.02018 of MCI, recommending disapproval of its scheme for increase in the number of MBBS seats from 150 to 250 seats, for academic year 2018-19. Chettinad sought further direction to MCI for acceptance of its application/scheme for increase in the number of MBBS seats, in accordance with the directions issued by the Central Government (hereafter "the Union") by its order dated 31.01.2018, and to take consequential steps, including inspection of Chettinad's college. The latter further sought direction to MCI to issue a letter of permission to it after providing it adequate opportunity to comply with the deficiencies, if any, found upon inspection. Chettinad had established a medical college in 2006; it became a constituent college of Chettinad Academy of Research and Education (a deemed University under the University Grants Commission Act, 1956) in 2008. It is located in an area of 33.45 acres at Kelambakkam, District Kanchipuram, Tamil Nadu; it caters to the medical needs of the surrounding villages for diagnostic, preventive and curative services. Further to MCI's notification dated 11.12013 under Section 11 (2) of the Indian Medical Council Act, 1956 ("the Act" hereafter), Chettinad was granted permission to establish and administer its MBBS course with an annual intake of 150 students. Claiming that over time its college gained popularity, Chettinad wished to increase its intake annually, in the MBBS course from 150 to 250. It applied to the Government of Tamil Nadu, for obtaining the requisite Essentiality Certificate for permitting the increase, which was granted to it on 04.07.2016. It was also issued a COA from the Chettinad Academy of Research and Education on 05.07.2016, which stated that the said Academy had, on the basis of the report of the Local Inquiry Committee (hereinafter referred to as "LIC"), in principle agreed to increase the number of seats in the MBBS course from the existing 150 seats to 250 seats, for the academic session 2017-18. The COA dated 05.07.2016 (hereafter "First COA") stated that it would be applicable for five years from the date of its issuance.

(3.) Based on the said Certificate and the First COA, Chettinad applied, by its scheme dated 27.06.2017 to MCI along with all the requisite documents, in accordance with Section 10A of the Act, for enhancement of annual intake in MBBS seats from 150 to 250 seats. The documents furnished with the scheme were (a) Application Form; (b) Time bound program; (c) Demand Draft in favour of MCI for Rs.4, 00, 000 (Rupees Four Lakhs Only); (d) Attested Copy of COA dated 05.07.2016 from the Affiliating University, i.e., Chettinad Academy of Research and Education; (e) Attested copy of Bank Authorization Letter; (f) Attested copy of Letter of Recognition; and (g) Attested copy of Essentiality Certificate issued by the government of Tamil Nadu. It was alleged that MCI sat over the matter and on 07.09.2017, Chettinad submitted another COA for the academic session 2018-19, (in the same terms as the First COA). The COA dated 07.09.2017 ("the second COA") was sent to MCI directly and was received in its office on 11.09.2017. By letter dated 19.09.2017, MCI communicated its disapproval of the scheme to the Union, stating that the First COA submitted by Chettinad was invalid since it was for the academic year 2017- 18 and not for 2018-19. Thereafter, by letter dated 27.09.2017, the Union communicated MCI's disapproval to Chettinad, and the latter was intimated that it should be present for a personal hearing on 06.10.2017, which was given by the Union, which considered all materials and found both COAs to be valid. The Union, therefore issued a letter, dated 16.10.2017 to MCI, stating that both of Chettinad's COAs were valid. In this view, the Union referred the matter back to MCI for review, with a specific direction to process the same for assessment.