GYANJEET SEWA MISSION TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition filed on 26.05.2015, under Article 226 of the Constitution of India takes exception to the decision of the Executive Committee of Medical Council of India dated 29.04.2015 (Annexure P-22) and communication dated 11.05.2015 (Annexure P-26). Further direction is sought against the respondent No.2 to consider the application submitted by the petitioner for permission to establish a new Medical College at Jabalpur for the academic year 2015-16 and make recommendations to the respondent No.1 as per Establishment of Medical Colleges Regulations, 1999. It is further prayed that direction be issued to the respondent No.1 to pass appropriate orders under Section 10A of the Indian Medical Council Act, 1956 for granting permission to the petitioner -Trust for opening a new Medical College with intake capacity of 150 students for the academic year 2015-16.

(2.) The petitioner-Trust submitted application under Section 10A for grant of permission, to open a new medical college with intake capacity of 150 students for the academic year 2015-16, on 26.08.2014. According to the petitioner, all the necessary documents were submitted along with the said application. However, respondent No.2 forwarded a negative recommendation to the respondent No.1 on 15.01.2015 (Annexure P-12), on the ground that the petitioner had submitted two letters (one letter giving NOC and another giving consent of affiliation) issued by the Rani Durgavati Vishwavidyalaya bearing the same outward No/ACA/ 2014/3037 and same date i.e. 01.08.2014. The Executive Committee of the Council in its meeting held on 13.01.2015, noted that Registrar, Rani Durgavati Vishwavidyalaya vide letter dated 10.12.2014 has informed that since the M.P. Medical Science University has been constituted in the State, w.e.f. 17.09.2014, any further processing of the proposal must be done by the said University. It was also observed that M.P. Medical Science University has not issued any consent of affiliation in favour of the petitioner, till the decision was taken by the Executive Committee on 13.01.2015. In view of this discrepancy, the Executive Committee decided to seek clarification from Rani Durgavati Vishwavidyalaya University about the circumstances in which the said two letters bearing the same outward number and date were issued by it. This was communicated by the Section Officer of respondent No.2, to the respondent No.1 vide letter dated 15.01.2015 (Annexure P-12). This fact was brought to the notice of the petitioner. The petitioner-Trust submitted explanation before the Hearing Committee of respondent No.1 on 9th February, 2015 (AnnexureP-14). With regard to the question of affiliation of new medical college it was pointed out that Madhya Pradesh Medical Science University was established on 01.08.2011 in terms of notification dated 17.09.2014 in exercise of powers under Section 6 (2) of the Act, notifying 25.09.2014 as the date on which Colleges/Schools or Institutions situated within the limits of the area specified under Section (1), shall be deemed to be associated with and admitted to the privileges of the University.

(3.) The petitioner also pointed out that pursuant to the notification issued by M.P. Medical Science University dated 17.09.2014, the petitioner approached the Vice Chancellor and Registrar of the University vide letter dated 26.09.2014 requesting to issue consent of affiliation in Form No.3. However, the said letter was returned on the ground that the petitioner will have to apply for affiliation after announcement is made on M.P. Medical Science University's website. The petitioner thereafter applied in prescribed format to M.P. Medical Science University on 30.10.2014 for grant of affiliation for academic year 2015-16 for 150 MBBS students. Further, the petitioner - Trust deposited Rs.50,30,000/- (Rupees Fifty Lacs Thirty Thousand) as affiliation fees as prescribed by the M.P. Medical Science University Act, 2011, prior to the submission of application for affiliation for academic year 2015- 16. The petitioner asserts that the petitioner was the first applicant who had deposited such fees with the said University. On 20.09.2014, the petitioner-Trust requested M.P. Medical Science University to confirm receipt of application for affiliation with required fees already deposited. The University vide letter dated 20.09.2014, confirmed the receipt of affiliation fees for the academic year 2015-16 and assured that the same will be considered. A receipt for having received the amount deposited by the petitioner towards affiliation fees was issued to the petitioner on 29.09.2014, by the University. The petitioner once again requested the University vide letter dated 22.01.2015, to issue consent of affiliation in Form No.3 to facilitate the petitioner to fulfill the formalities for processing of the scheme for opening of new college submitted by it to the Medical Council. In response, the M.P. Medical Science University vide letter dated 24.01.2015, informed that the grant of affiliation for new Medical College was being processed and that consent cannot be issued due to Code of Conduct in force in the State of M.P. In other words, detailed explanation was offered to point out that the petitioner-Trust had taken all possible measures for expediting the issuance of consent of affiliation, but could not succeed in getting the same from the University, for reasons beyond its control. In the explanation offered by the petitioner, to the Hearing Committee of respondent No.1, the petitioner emphasized that it has already set up impeccable infrastructure with State of Art Medical equipments installed in the Hospital with 12 modular OT of Class 100. In substance, it is mentioned in the said explanatory note that the petitioner-Trust has complied with all requisite formalities while applying for approval of the scheme, except the consent of affiliation from the M.P. Medical Science University.