LAWS(MAD)-2019-4-286

MAHATMA GANDHI MEDICAL COLLEGE Vs. GOVERNMENT OF INDIA

Decided On April 05, 2019
MAHATMA GANDHI MEDICAL COLLEGE Appellant
V/S
GOVERNMENT OF INDIA Respondents

JUDGEMENT

(1.) The petitioner is a deemed to be University declared by the Government of India vide notification dated 04.08.2008 issued under Section 3 of the University Grants Commission Act, 1956. Seeking to quash the order of the second respondent dated 22.02.2019 in Ref.No.MCI-258(22)/2018-Med./179453 and order dated 28.02.2019 in Ref.No.MCI-258(22)/2018-Med./183969, and consequently to direct the second respondent to approve the application dated 04.04.2018 submitted by the petitioner for surrender and conversion of PG Diploma seats into PG Degree seats from the Academic Year 2019-20, the petitioner instituted this writ petition.

(2.) The petitioner institution has been offering both Undergraduate and Postgraduate Medical Courses. Once the Medical College is recognised for grant of M.B.B.S. Medical qualification, based on the recommendation of the Medical Council of India (in short, "the MCI"?), it also becomes entitled to apply for permission/recognition for imparting medical education in Post Graduate (in short, "PG"?) Medical Courses. After M.B.B.S., higher PG Medical Courses are in the category of PG Diploma Courses and PG Degree Courses. The duration of the PG Diploma is two years, whereas, it is three years for a PG Degree Course. To obtain permission from the Central Government for commencing any PG Medical Course, each college has to submit an application under Section 10A of the Indian Medical Council Act, 1956 (in short, "the MCI Act"?).

(3.) The petitioner institution also had applied for PG Medical Diploma as well as PG Degree Courses and had been granted permission for all such PG Medical Courses by the Central Government. Subsequently, the petitioner institution was also granted permission and recognition by the Central Government to start various PG Medical Courses falling in both the categories, namely, PG Degree Courses and PG Diploma Courses. Besides the permission/recognition granted to the petitioner for a number of PG Degree Courses, the petitioner institution was also recognized to offer PG Diploma Courses in 10 different PG specialities with a total intake of 14 seats.