BOARD OF GOVERNORS IN SUPERSESSION OF THE MEDICAL COUNCIL OF INDIA Vs. M.G.R.EDUCATIONAL AND RESEARCH INSTITUTE

JUDGEMENT

(1.) W .A.No.2772 of 2012 is filed by the Medical Council of India and W.A.No.256 of 2013 is filed by the Ministry of Human Resources Development, Union of India, challenging the order in W.P.No.20995 of 2010 dated 9.11.2012, wherein the learned single Judge quashed the order dated 31.8.2010 passed by the Ministry of Human Resources Development (HRD), Union of India (appellant in W.A.No.256/2013), rejecting the request of Dr.M.G.R.Educational and Research Institute, Chennai (1st Respondent in both appeals) for inclusion of ACS Medical College and Hospital, Chennai, under the ambit of the institution deemed to be University with a direction to the Ministry of HRD to issue appropriate notification under Section 3 of the University Grants Commission Act, 1956 by bringing ACS Medical College and Hospital under the ambit of Dr.MGR Educational and Research Institute (Deemed University) with retrospective effect from the academic year 2008-2009 as positively recommended by the UGC with further direction to consider regularisation of admission made by the College for the academic year 2009-2010 and grant renewal of permission for the academic year 2010-2011 to consider afresh keeping in mind the directions made in the order and pass appropriate orders within a period of two weeks. The said directions were issued subject to the decision of the Supreme Court in Viplav Sharma's case in W.P.(C)No.142 of 2006.

(2.) THE brief facts necessary for disposal of these writ appeals are as follows:

(3.) MR .V.P.Raman, learned standing Counsel for the Medical Council of India submitted that the learned single Judge was not justified in issuing direction to the Ministry of HRD to bring the ACS Medical College and Hospital under the ambit of Deemed University with retrospective effect and without consent of affiliation, permission to establish a medical College cannot be sought for as per Regulation 2(4) of the Establishment of Medical College Regulation, 1999, and the College having not been brought under the ambit of the Deemed University, cannot be given consent for affiliation. The deficiencies pointed out by the Ministry of HRD was not considered by UGC while reiterating the recommendations once again. The first respondent cannot compare two other colleges viz., Saveetha Medical College and Sri Sathya Sai Medical College, as they were brought under the ambit of their Deemed Universities and the first respondent College having not been brought under the ambit till date, it cannot admit students and moreso admission made for the year 2009-2010 without renewal of permission cannot at all be considered as valid admission and no retrospective permission can be ordered to validate the admission made by the college for the year 2009-2010. The learned counsel finally submitted that giving direction to respondents to reconsider renewal of permission for 2010-2011 based on the positive direction given to UGC to notify the college under the ambit of Deemed University, is illegal.