WEST BENGAL UNIVERSITY OF HEALTH SERVICES Vs. INDIAN CENTRE FOR ADVANCEMENT OF RESEARCH AND EDUCATION

JUDGEMENT

(1.) All these matters arise from the judgment and order of the learned single judge (Gupta, J.) dated 1st August, 2012 delivered in W.P No. 2030(W) of 2012 filed by the Indian Centre for Advancement of Research and Education, Haldia (hereinafter referred to as 'ICARE') and the ICARE Institute of Medical Science and Research, Haldia (hereinafter referred to as 'the College'). MAT No. 1516 of 2012 is an appeal preferred by the Medical Council of India (hereinafter referred to as 'MCI') against the judgment of the learned single judge. AST 221 has been preferred by the West Bengal University of Health Science (hereinafter referred to as 'the University'). AST 239 is an appeal preferred by the State of West Bengal. W.P. No. 4481(W) of 2012 has been filed by seventy seven students of the College while W.P. No. 25229(W) of 2012 has been filed by one student. MAT No. 1998 of 2012 is an appeal filed by the MCI against the judgment of another learned single judge (Aniruddha Bose, J.).

(2.) ICARE wanted to establish a Medical College and hospital at Haldia. It took steps to complete the formalities required by the MCI for establishing a Medical College in accordance with the Medical Council of India Establishment of Medical College Regulations, 1999 (hereinafter referred to as 'MCI Regulations') and the Minimum Standard Requirements For The Medical College for hundred admissions annually Regulations, 1999 (for brevity the Minimum Standard Requirements Regulations). There was some delay in setting up the Medical College although some of the structures required for the Medical College were available. ICARE therefore decided to set up a Dental College. It was thus established on an adjoining property and became operational from the year 2006. Some of the departments of the Dental College were housed in a portion of the properties of the Medical College.

(3.) An application was submitted by ICARE on 7th July, 2010 to the State Government for issuing the essentiality certificate which is one of the prerequisites under the MCI Regulations for setting up a Medical College. After inspection and evaluation of the application submitted, the officers of the Health Department of the Government of West Bengal issued an essentiality certificate on 6th August, 2010 for setting up a Medical College at Haldia with an annual intake of hundred students.