MADRAS MEDICAL MISSION Vs. PONDICHERRY UNIVERSITY

JUDGEMENT

(1.) The Madras Medical Mission (appellant) established in 1982 at Chennai by the members of Orthodax Syrian Church, is a society registered under the Tamil Nadu Societies Registration Act, 1975. It has established an institute for Cardio Vascular diseases, an institute for Reproductive Medicines for Women's Health and a Transplant Center for organ transplantation. It has recently set up a 300 bed hospital and has established facilities for commencing a new medical college at Ganapathichettykulam, Kalapet, Pondicherry under the name and style of 'Pondicherry Institute of Medical Sciences' (PIMS). The estimated project cost is Rs.80.00 crores of which Rs.46.00 crores which includes borrowed funds of Rs.34.00 crores is said to have been already invested.

(2.) It applied to the Central Government in the year 2001 for permission to establish the new medical college commencing from the academic year 2002-03, such permission having been sought in terms of Section 10A read with Section 33 of the Indian Medical Council Act, 1956, (Act No.102 of 1956) and the Admission to Medical College Regulations, 1999 framed by the Medical Council of India under Section 33 of the said Act. The Government of Pondicherry had, on 07.12.2000 granted Essentiality Certificate for establishing this medical college with 100 seats. In that certificate it was noted that the doctor population ratio in Pondicherry is 1:950 while the doctor population ratio in India is 1:2083. The Pondicherry University also had, on 14.08.2001 given it's consent in principle to affiliate the PIMS to the University subject to the grant of permission by the Government of India under Section 10A of the Indian Medical Council Act.

(3.) On 01.03.2002 the Ministry of Health and Family Welfare of Government of India informed the appellant that the appellant's proposal had been referred to the Medical Council of India for its evaluation and recommendation, and that after considering the scheme, and taking into consideration the recommendations of the Medical Council of India, the Ministry had come to the conclusion that a letter of intent for establishing the new medical college at Pondicherry by the appellant with an annual intake of 100 (one hundred) students with prospective effect, under Section 10(A) of the Indian Medical Council Act may be issued. That letter of intent also stated that the action to grant formal permission for starting the new college would be initiated on receipt of a compliance letter with regard to the three conditions set out in that letter.