W.A. No. 1100 of 2012. Case: Board of Governors in Super-session of Medical Council of India rep. by its Joint Secretary, Pocket No. 14, Sector 8, Dwarka, Phase-I, New Delhi-110077 Vs Shree Balaji Medical College & Hospital, Constituent College of Bharath Institute of Higher Education and Research, rep. by Prof. Dr. S.M. Rajendran and Anr.. High Court of Madras (India)
| Case Number | W.A. No. 1100 of 2012 |
| Counsel | For Appellant: R. Thiagarajan. Senior Counsel, for V.P. Raman, Adv. and For Respondents: Maninder Singh, Senior Counsel for S. Subbiah, Adv. |
| Judges | D. Murugesan and K.K. Sasidharan, JJ. |
| Issue | Indian Medical Council Act, 1956 - Section 10A |
| Citation | 2012 (5) MLJ 353 |
| Judgement Date | June 14, 2012 |
| Court | High Court of Madras (India) |
Judgment:
D. Murugesan, J.
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The writ appeal is at the instance of the Board of Governors in Super-session of Medical Council of India, questioning the interim direction ordered in M.P. No. 1 of 2011 and M.P. No. 2 of 2012 in W.P. No. 20451 of 2011. The issue is with regard to the request of the first respondent Medical College and Hospital seeking increase in intake capacity of seats in M.B.B.S. Degree course from 100 to 250 for the year 2012-2013. By the impugned order, the learned Judge directed the Board of Governors in super-session of Medical Council of India [hereinafter referred to as 'Medical Council of India'] to make inspection of the first respondent College in terms of their application dated 15.11.2010 without insisting upon the production of Essentiality Certificate from the State Government on or before 15.6.2012. A further direction was issued to the statutory body to pass appropriate orders thereon on merits and in accordance with law, after giving an opportunity of being heard to the first respondent.
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The relevant facts necessary for disposal of the writ appeal are as follows.
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On the recommendation of the Medical Council of India, the first respondent was granted permission to start M.B.B.S. Degree course from 2003-2004 with an annual intake of 100 students. That permission was granted on 30.9.2003. On 15.11.2010, the first respondent sent a letter to the appellant requesting them to make necessary arrangements to inspect their institution and to issue the required Letter of Permission for increase of intake from 100 to 250 from the academic year 2011-2012. The application earlier submitted by the first respondent requesting the appellant to inspect their institution and to issue Letter of Permission for increase of intake from 100 to 150 was rejected on 30.6.2011 for non compliance of certain deficiencies pointed out by the Inspection Team deputed by the appellant. That order has not been questioned and the same is also not in dispute.
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The application sent by the first respondent on 15.7.2010 seeking increase in intake capacity from 100 to 250 seats was rejected by the Medical Council of India by communication dated 27.4.2011. The said communication reads as under:
Sub: Increase of seats from 100 to 250 at Sree Balaji Medical College and Hospital, Chennai for the academic year 2011-2012.
Sir,
With reference to your application dated 15.11.2010, on the subject noted above, I am directed to inform you that the application for increase of MBBS seats from 100 to 250 was considered by the Board of Governors and observed that the college is not eligible for increase of seats from 100 to 250, as the college has not fulfilled the qualifying criteria i.e. number of teaching beds not less than 1100 with the standing of not less than 10 years as prescribed in the regulations.
In view of the above, the Board of Governors decided to return the application as disapproved for increase of MBBS seats from 100 to 250 at Sree Balaji Medical College and Hospital, Chennai under Section 10A of the IMC Act, 1956 for the academic session 2011-2012.
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From the above communication, it is seen that the request for increase of seats was not accepted on the ground that the first respondent/College had not fulfilled the eligibility criteria, viz., they did not possess 1100 teaching beds and with a standing of not less than ten years. The said order was questioned by the first respondent/College by filing W.P. No. 20451 of 2011. The prayer in the writ petition reads as follows:
It is therefore prayed that this Hon'ble Court may be pleased to issue a Writ of certiorarified mandamus or any other order or direction or a Writ in the nature of Writ of certiorarified mandamus by calling for the records comprised in proceedings of the first respondent bearing No. MCI-37(1)/ 2011-MED/6326 dated 27.4.2011 and quash the same and consequently direct the first respondent to consider the application of the petitioner dated 15.11.2010, de-novo after giving an opportunity to the petitioner to seek for enhancement of the annual intake of students in MBBS course conducted in Sree Balaji Medical College & Hospital Chennai from 100 seats to 250 seats for the academic year 2011-2012 and subsequent academic years.
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The first respondent/College along with the writ petition filed a Miscellaneous Petition in M.P. No. 1 of 2011 seeking an interim direction and the said prayer reads as under:
It is prayed that this Hon'ble Court may be pleased to pass an interim direction directing the first respondent or his men, agents, or servants or subordinates by appointing an inspecting committee to carry out an inspection with respect to the infrastructural and institutional facilities provided by Sree Balaji Medical College and Hospital for the purposes of increase the intake, 100 to 250 students in MBBS course for the academic year 2011-2012 and submit the same to the first respondent pending disposal of the above writ petition.
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Though the appellant, the Board of Governors in Super-session of Medical Council of India, has returned the application sent by the first respondent for increase of seats, as disapproved on the grounds mentioned above, as per communication dated 27.4.2011, while opposing the writ petition, a new stand was taken by the Medical Council of India that the first respondent College was not entitled even to seek permission to increase the intake as it had not obtained the 'Essentiality Certificate' from the State Government. This stand of the Medical Council of India led the first respondent to file a memo seeking withdrawal of the writ petition. However, the said request did not find favour with the Court, which necessitated the first respondent to take out two applications, one seeking an amendment to the prayer and another for raising additional grounds. The first respondent also filed an interlocutory application in I.A. No. 2 of 2012 with the following prayer:
To issue appropriate interim directions directing the 1st respondent to proceed with inspection of the infrastructural and instructional facilities in the petitioner Medical College for increase of intake from 100 to 250 from the academic year 2012-2013 without insisting upon the Essentiality Certificate from the State Government pending disposal of the writ petition and thus render justice.
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A counter affidavit was also filed by the Medical Council of India in these applications. The direction petition filed by the petitioner therein along with the writ petition as well as the subsequent petitions for amendment...
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