SUKHSAGAR MEDICAL COLLEGE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed by the petitioner whereby initially, the petitioner had impugned the legality and validity of a show-cause notice dated 07.08.2019 passed by under Secretary of the Medical Education Department, State of Madhya Pradesh, the respondent no.2 herein, asking the petitioner to show-cause as to why the Essentiality Certificate dated 27.08.2014 issued by the State Government for running Sukhsagar Medical College and Hospital ought not be cancelled. The said show-cause notice was challenged purely on the ground of jurisdiction based on the argument that the respondent nos.1 and 2 have no authority to revoke the Essentiality Certificate much less even issue a show- cause notice for revoking the same in the light of the judgement passed by the Supreme Court in the case of Chintpurni Medical College and Hospital and Another Vs. State of Punjab and Others reported in 2018 (15) SCC 1. During the pendency of the said petition, the State passed an order dated 05.09.2019 revoking the Essentiality Certificate given to the petitioner. Thereafter, the petitioner filed an application for amendment of the petition in view of the subsequent event, which was allowed by this Court vide order dated 16.10.2019, by which, the petitioner extended the challenge to the order dated 05.09.2019 passed by the State revoking the Essentiality Certificate.

(2.) The brief facts of this case are as follows. The petitioner is a registered Public Trust and has established a Medical College and Hospital. It is 100 percent Charitable Trust. The Said Essentiality Certificate for establishing the Medical College was granted by the State Government on 27.08.2014. The Medical College was permitted by the Central Government to admit 150 students for the academic year 2016-17. On account of certain deficiencies pointed out by the Regulatory Authority, the renewal of permission by the Medical Council of India (In short "MCI") was not granted for the year 2019-20 to the petitioner. The college, however, had the liberty to apply afresh for the next academic session which is 2020-21. The main ground on which the petitioner has challenged the impugned order dated 05.09.2019, by which the Essentiality Certificate was revoked by the State, is based upon the judgement of the Supreme Court passed in the case of Chintpurni Medical College and Hospital and Another (supra).

(3.) Learned counsel for the petitioner has led us elaborately through the said judgement where the Supreme Court has held that the intent of issuing the Essentiality Certificate is only restricted to an assessment by the State Government with regard to the requirement of establishing a Medical College and Hospital in a particular area in the State based on its appreciation of public interest and welfare by providing medical aid to its citizens in a particular area. Learned counsel for the petitioner has also argued in extenso with reference to the relevant paragraph of the judgement that once an Essentialilty Certificate is given and the Medical College is functional, the State has no authority in revoking the Essentiality Certificate and, thereby, inhibit the functioning of the Medical College itself on such transient shortcomings which can be rectifiable and which infact fall within the purview of MCI, which is the authority which carries out an annual inspection of the Medical Colleges in the country and assesses the competence of such colleges to continue functioning provided, the college complies with the norms laid down by the MCI. Learned counsel for the petitioner has submitted that the State by the impugned order is trying to arrogate to itself authority that lies solely with the MCI. He has drawn our attention to paragraphs-15, 16 and 17 of the judgement in order to impress upon us that the order dated 05.09.2019 deserves to be set-aside. We have gone through the judgement of the Hon'ble Supreme Court in Chintpurni Medical College and Hospital's and Another . Undoubtedly, the Supreme Court has held categorically and unambiguously that once the Essentiality Certificate is granted by the State and the Medical Colleges commences, thereafter, whether it ought to continue imparting medical education comes within the sole purview of the MCI. The Court has held that permission is granted of the Medical Colleges to function by the MCI, provided that they are compliant of the mandatory norms set by the MCI.