WP(C) No. 24 of 2015. Case: Sikkim Manipal University and Ors. Vs Union of India and Ors.. Sikkim High Court
| Case Number | WP(C) No. 24 of 2015 |
| Counsel | For Appellant: Gopal Subramaniam, Senior Advocate, Nikhil Nayyar, Aman Ahluwalia and Tashi Rapden Barfungpa, Advocates and For Respondents: Karma Thinlay Namgyal, Central Government Counsel and Thinlay Dorjee Bhutia, Advocate |
| Judges | Meenakshi Madan Rai, J. |
| Issue | Constitution of India - Articles 14, 19; Indian Medical Council Act, 1956 - Sections 10A, 10A(1)(b)(ii), 10A(2)(a), 10A(3), 10A(4), 10A(7), 11, 11(2), 17, 20(1), 20(2), 20(3), 20(5), 33 |
| Judgement Date | April 07, 2016 |
| Court | Sikkim High Court |
Order:
Meenakshi Madan Rai, J.
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Aggrieved by the act of the Respondent No. 2 in not recommending recognition for four Post-Graduate disciplines offered by the Petitioner No. 2, being MD (General Medicine), MD (Paediatrics), MS (ENT) and MD (Psychiatry) and by the approach of the Respondent No. 2, which according to the Petitioners is prone to Wednesbury unreasonableness and is in contravention of Orders passed by this Court in addition to being violative of Articles 14 and 19 of the Constitution of India, the Petitioners by filing the instant Writ Petition seek 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 35I) 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.
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Briefly adumbrated the facts are that the Petitioner No. 2 is a Constituent Unit of the Petitioner No. 1 which was started in 1999 in collaboration with and an as a Joint Venture Undertaking between the Government of Sikkim and the Manipal Education and Medical Group. The Petitioner No. 2 as per the requirement of Section 10A of the Indian Medical Council Act, 1956 (for short "the Act of 1956"), applied for grant of permission to start a Medical College with 150 Annual Admissions to the First Year MBBS Course. The Petitioner-College also established a five hundred bedded Hospital, the "Central Referral Hospital (CRH)" at 5th Mile, Tadong, Sikkim. Due to various reasons endemic to the area clinical material was insufficient for teaching and training students, for this purpose the State Government vide letter dated 26-03-2001, permitted the Petitioner No. 2 to utilise facilities of its three hundred bedded STNM Hospital at Gangtok as an associate Hospital. This arrangement was reiterated vide Notification dated 15-03-2004 of the Government of Sikkim. Vide letter dated 20-08-1999, the Government permitted Specialists/Consultants of the STNM Hospital to associate/work on part time basis in the Petitioner-College, duly reiterated by letter dated 08-05-2003.
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That in 2011-12 the First Batch of Post-Graduate students were admitted after obtaining due permission from the concerned authorities, in seven different specialisations with two seats each and a duration of three years each, viz., MD (General Medicine), MD (Paediatrics), MD/MS (OBG), MS (ENT), MD (Pharmacology), MD (Community Medicine) and MD (Biochemistry). This batch was to graduate in 2014. This Writ Petition is confined to the grant of recognition of four Degrees being (i) MD (General Medicine), (ii) MD (Paediatrics), (iii) MS (ENT) and (iv) MD (Psychiatry).
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For the purpose of grant of regular recognition to the Post-Graduate Courses in terms of Section 11(2) of the Act of 1956, an inspection took place in April, 2014, Assessment Reports were prepared by the Inspectors and reviewed by the Post-Graduate Committee.
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The Respondent No. 2 vide communications made to the Petitioner-College in respect of each of the MD/MS Degree Specialisations, pointed out deficiencies in some and in others sought clarification. It is the case of the Petitioners that for the Degree Course of MS (ENT) deficiencies pointed out by the Respondent No. 2 have been rectified and communicated to the Respondent No. 2 vide communication dated 06-08-2015, to which no response has been...
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