M.S.ALEX Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs :-

(2.) Heard the learned Senior Counsel appearing for the petitioners and the learned Senior Counsel appearing for respondents 4 and 5.

(3.) The learned Senior Counsel for the petitioners submits that the 4th respondent had been appointed as the Director of the Medical College and Teaching Hospital by the 5th respondent. It is stated that Ext.P1 is the copy of the Constitution of the Medical Mission and that the Medical Mission has been running a hospital and later a Medical College by name Dr.Somervell Memorial C.S.I. Medical College and Hospital and several allied institutions. It is stated that the 4th respondent had been appointed as Assistant Professor, Department of Anesthesia by Ext.P2 order dated 16.3.2007. It is stated that immediately thereafter he was appointed as Director of the Medical College and Hospital and that he did not have the qualification required as per Ext.P5 Regulations. It is stated that the appointment of the 4th respondent as Director of the Medical College and Hospital without the qualification prescribed in Ext.P5 was void and non-est. It is stated that the 4th respondent was placed under suspension on 8.9.2018 owing to allegations in the media regarding collection of capitation fee for admission to MBBS course in the College in the year 2018-'19. It is stated that by Ext.P4 order dated 13.12.2019, the 4th respondent's suspension was revoked and he was reinstated as the Director of the Medical College and Teaching Hospital. It is contended that going by the provisions of Ext.P5 Regulations issued by the MCI, the Director of a Medical Institution should have, among other qualifications, a minimum of 10 years of teaching experience as Professor/Associate Professor/Reader in a medical college or institution out of which five years should be as Professor. It is contended that the 4th respondent admittedly did not possess the above qualification and that he is therefore not eligible to hold the post of Director of the Medical College and the Teaching Hospital. It is submitted that the continuance of a person like the 4th respondent who is facing criminal proceedings for his complicity in accepting capitation fee for admission in the college is detrimental to the interest of the institution and is also clearly against Ext.P5 and is liable to be interdicted.