WP(C) Nos. 25 and 27 of 2016. Case: Milind Jha and Ors. Vs Union of India and Ors.. Sikkim High Court
| Case Number | WP(C) Nos. 25 and 27 of 2016 |
| Counsel | For Appellant: K.T. Bhutia, Senior Advocate, Jorgay Namka, Panila Theengh and Tashi Doma Sherpa, Advocates and For Respondents: Karma Thinlay Namgyal, Central Government Counsel |
| Judges | Meenakshi Madan Rai, J. |
| Issue | Indian Medical Council Act, 1956 - Sections 10, 10A, 11, 11(2), 33 |
| Judgement Date | April 12, 2017 |
| Court | Sikkim High Court |
Judgment:
Meenakshi Madan Rai, J.
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The Petitioner in WP(C) No. 25 of 2016 seeks an appropriate Writ or direction in the nature of Mandamus directing the Respondents No. 1 and 2 to recognize the MD (General Medicine) Degree, awarded to him by Respondent No. 4, SMIMS, having been admitted to the said Course in the academic year 2012-13 and graduated in the year 2015, in a manner consistent with the directions in Paragraph 54(iv) of the Judgment of this Court, in WP(C) No. 24 of 2015 dated 25-05-2016.
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By filing WP(C) No. 27 of 2016, the Petitioner-Institute seeks an appropriate Writ, Order or direction to the Respondent No. 1, to grant recognition to the Degrees awarded to students admitted in the academic years 2012-13 and 2013-14 and who completed their Courses in the year 2015 and 2016 respectively, in the disciplines of MD (General Medicine), MD (Paediatrics), MS (ENT) and students admitted in the academic year 2012-13, 2013-14 and 2014-15 in MD (Psychiatry) in a manner consistent with the direction of this Court in Paragraph 54(iv) of the Judgment of this Court in WP(C) No. 24 of 2015 which reads as follows;
54............................................
(iv) For students who were admitted in the four Post-Graduate Courses in 2011 and have completed their Courses in 2014, qualifying them for the award to recognised medical qualification, the Respondent No. 1 shall grant recognition to their Degrees within three months from today;
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Thus, the issue involved in both the Writ Petitions being similar they are disposed of by this common Judgment.
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Before proceeding with the instant matters for convenience, it may briefly be recapitulated here that the Sikkim Manipal University and the Sikkim Manipal Institute of Medical Sciences, Petitioners No. 1 and 2 in WP(C) No. 24 of 2015 [Petitioners now in WP(C) No. 27 of 2016] had approached this Court seeking the following reliefs;
[A] Direct and hold that the deficiencies specified in communications dated 09-07-2015, 14-07-2015, 26-08-2015, 27-08-2015 and 11-09-2015 (as specified in paragraph 351) are either non-existent or stand complied with, and direct that recognition be accorded in terms of Section 11 of the Indian Medical Council Act, to the following courses: MD (General Medicine), MD (Paediatric), MS (ENT) and MD (Psychiatry);
[B] In the alternative to [A] above, direct that a fresh time bound inspection be conducted either by an independent expert committee, or by the MCI designated assessors along with eminent independent observers, and such inspection be limited to the deficiencies already pointed out and enlisted and in respect of which compliance has been forwarded by the Petitioner vide letters dated 06-08-2015 (in respect of MS - ENT), 05-10-2015 (in respect of MD - Paediatrics) [sic], 05-10-2015 (in respect of MD - Paediatrics), 05-10-2015 (in respect of MD - Psychiatry) and that pursuant to such inspection a final decision be taken by the Respondent No. 2 in a time bound manner;
[C] Confirm the admissions made in the above-said courses in the academic year 2015-16; and
[D] Pass any order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case as well as in the interest of justice.
After the Respondents were afforded the opportunities of filing the Counter-Affidavits, Rejoinder was filed and later two Interveners were also impleaded as party to the proceedings on their plea. This Court after considering the entire gamut of submissions of the parties, inter alia, issued the following directions in Paragraph 54;
"(i) As the Petitioner has asserted that no deficiency exists after compliance has been made by them, post the impugned communications in all the Post-Graduate Courses, this circumstance has to be gauged by a Compliance Verification. The Respondent No. 2 shall carry out fresh inspection of the Petitioner's Institution within two months from today. The Inspection team of the Respondent No. 2 shall comprise of two eminent independent observers, apart from the Assessors of Respondent No. 2. Needless to add that the inspection shall be carried out in terms of Paragraph 65(v) and (vi) of the Judgment of this Court in WP(C) No. 37 of 2011 dated 27-04-2012;
(ii) Pending such verification, the Petitioners shall deposit a sum of Rs. 25,00,000/- (Rupees twenty five lakhs) only, with the MCI, Respondent No. 2. The Petitioner shall file an undertaking through its Registrar, within two weeks from today, to the effect that no deficiencies exist in the Petitioner's Institution for the purposes of the Post-Graduate Courses, for which permission had been granted. Copy of undertaking be furnished to Respondent No. 1 also. If at the time of inspection the undertaking is found to be incorrect, the deposit shall stand forfeited;
(iii) Deficiencies, if any, reported by the Assessment Team shall be brought to the notice of the Petitioner extending the opportunity to the Petitioner to rectify it within a time frame deemed fit, of course, for which the amount deposited as already stated, would stand forfeited to the MCI;
(iv) For students who were admitted in the four Post-Graduate Courses in 2011 and have completed their Courses in 2014, qualifying them for the award to recognised medical qualification, the Respondent No. 1 shall grant recognition to their Degrees within three months from today;
(v) Students pursuing their Post-Graduate Courses in the Academic year 2015-16, vide Orders of this Court dated 29-05-2015 and 07-04-2016, be allowed to continue their education without hindrance; and
(vi) I have also considered I.A. No. 01 of 2016 wherein the Petitioners have sought for an Order of this Court permitting admission to be made to two seats each in MD (General Medicine), MD (Paediatrics), MS (ENT) and MD (Psychiatry) for the Academic Year 2016-17. Keeping in mind the welfare of the students and with the concern that they should not be kept at sea as in the instant matter, it is hereby ordered that admissions shall take place for the said Academic Year 2016-17 only after all requisites are found in place by the Respondent No. 2, irrespective of the fact that during such exercise the seats may go vacant this Academic Year."
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That, having been said, now the Petitioner in WP(C) No. 25 of 2016 is aggrieved by the fact that his Post-Graduate Degree in MD (General Medicine) has not been recognised, having been admitted to the Course in 2012-13, thereby being the second batch of Post-Graduate students who were validly admitted in MD (General Medicine) Course pursuant to Letter of Permission issued by the Respondent No. 2. That, after graduating in May, 2015, he had applied for the post of Senior Resident at various Government Hospitals in Delhi and was offered an appointment to the post of Senior Resident at the G.B. Pant Institute of...
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