CHENNAI MEDICAL COLLAGE Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) These Writ Petitions are disposed of by this common order since the issues in these Writ Petitions are one and the same

(2.) The Petitioner in both the Writ Petitions has challenged the orders of the Medical Council of India. The main case of the Petitioner is that their institution had applied for permission to start the Medical College in Trichy. They have already a University which is also running a separate Medical College at Madras. Initially, they wanted an Off Campus permission and they applied to the Central Government for Off Campus permission. Since, it was not materialising, pending that application, they filed a separate application in the name of the Petitioner herein to start a Medical College, which is to be affiliated with the Tamil Nadu Dr. M.G.R.Medical University, together with the consent letter from the Tamil Nadu Dr. M.G.R.Medical University dated 25.05.2009. Subsequently, an inspection was made by the Medical Council of India on 05.06.2009 and 06.06.2009 and after rectifying the mistakes, which were pointed out by the Medical Council of India, a letter of indent was given by the Government of India on 13.07.2009. The permission to start the college was granted by the Central Government on 14.07.2009. Thereafter, on 29.07.2009, the Petitioner forwarded the letter of indent and letter of permission to the Tamil Nadu Dr. M.G.R.Medical University and sought affiliation from the said University.

(3.) The contention of the Petitioner is that even though the letter of indent and letter of permission were granted and the Government has stated that college would be started by the SRM University, without mentioning the fact that it was under the Tamil Nadu Dr. M.G.R.Medical University, the Petitioners have also accepted that it was to be started under Dr. M.G.R. University only. As they did not want to fight over this aspect, accepting that they should only go under the Tamil Nadu Dr. M.G.R.Medical University, they sought affiliation even as early on 29.07.2009. Thereafter, the application for affiliation of the Petitioner was returned / rejected on 12.09.2009 by the Tamil Nadu Dr. M.G.R. Medical University stating that the order purported to have been given from the Central Government is only to start the college under the S.R.M. University and therefore, one University cannot give affiliation to another University.