THIRUMURUGA KIRUPANANDA VARIYAR THAVATHIRU SUNDARA SWAMIGAL MEDICAL EDUCATIONAL AND CHARITABLE TRUST Vs. PONDICHERRY UNIVERSITY

JUDGEMENT

(1.) PETITIONER seeks issuance of writ of certiorarified mandamus, or any other appropriate writ, order, or direction in the nature of a writ of certiorarified mandamus, calling for the records comprised in the proceedings of the respondent dated 24.11.1997 in PU/Acs-8/1/95/2549 and quash the said proceedings refusing to grant affiliation with effect from the Academic Year 1996-97 for the First Year M.B.B.S. Course with an annual intake of 100 students in the petitioner's Medical College at Karaikal started pursuant to the Central Government's permission relating to the Academic Year 1996-97 and consequently issue a mandamus directing the respondent-University to forthwith consider the application of the petitioner and grant affiliation with effect from the Academic Year 1996-97 for the First Year M.B.B.S. Course with an annual intake of 100 students and duly register the said 100 students as regular candidates for the First Year MBBS Course in the respondent-University, permit the said students to undergo the Course and take up examinations to be conducted by the University in March-April 1998 and for the subsequent years by accepting necessary prescribed examination fee, examination application form, registration fee, etc., issue hall tickets and declare their results, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. The impugned Order reads thus:-

(2.) PETITIONER Trust wanted to start a Medical College at Karaikal. Therefore, it purchased a vast area and moved for planning permission for construction of Medical College alongwith a teaching hospital and other infrastructural facilities. PETITIONER was granted planning permission in November 1990. Simultaneously petitioner Trust moved the Medical Council of India for establishment of a Medical College. Even in the year 1989, petitioner approached this Court for obtaining prescribed format for applying for affiliation of Pondicherry University in respect of the Medical College.

(3.) FOR starting a Medical College, the Medical Council of India, Central Government, State Government and also the University have to be consulted. An Essentiality Certificate has to be issued first. Later, on the recommendations of the Medical Council of India, approval has to be granted by the Central Government. Later, the University concerned should also grant the affiliation. If these three organs take their own time for passing orders, and thereby cause undue delay, an Institution can never be started. In this case, I find that the petitioner has been deprived of affiliation only because of the delay caused by the Authorities.