Kempegowda Institute of Medical Sciences vs Medical Council of India and Ors

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.840 OF 2017 (With I.A. No.92019 of 2017)

Kempegowda Institute of Medical Sciences ….Petitioner

Versus

Medical Council of India and Ors. ....Respondents

JUDGMENT

A.M. KHANWILKAR, J.

1. The petitioner applied for recognition/approval to increase

the intake i.e. from 120 to 150 seats, of the MBBS Degree

Course recognised by Rajiv Gandhi University of Health Sciences,

Bangalore. That application was processed by the Medical

Council of India (for short “MCI”) under Section 11(2) of the

Indian Medical Council Act, 1956 (for short, “the Act”). After

carrying out inspection, assessment report dated 21 st April,

2017, was placed before the Executive Committee of MCI

pointing out the deficiencies in the petitioner-institution. 2

2. The petitioner-institution, however, filed writ petition before

the High Court of Karnataka, bearing Writ Petition (Civil) No.

33465 of 2017, in which direction was issued to the respondents.

Pursuant thereto, inspection was carried out by the Council

assessors on 21st August, 2017. The compliance verification

assessment report dated 21 st August, 2017 along with previous

assessment report dated 16th and 17th March, 2017, and 21st

April, 2017, was considered by the Executive Committee in its

meeting held on 30th August, 2017. The Executive Committee

decided to recommend to the Central Government not to

recognise/approve the petitioner-institution for the increased

intake from 120 to 150 seats under Section 11(2) of the Act and

further decided to call upon the petitioner-institution to submit

compliance for rectification of the deficiencies noticed in the

concerned assessment report within one month, for further

consideration of the matter. It was also decided by the Executive

Committee to continue the application under consideration

under Clause 8(3)(1)(c) of the Establishment of Medical College

Regulation (Amendment), 2010 (Part–II) dated 16 th April, 2010,

and amended on 18th March, 2016. The communication in that

behalf was sent by the MCI on 4 th September, 2017 with a copy 3

marked to the petitioner-institution to submit detailed point-wise

compliance for grant of increased intake from 120 to 150 (soft

copy – in editable word format with CD) with the documentary

evidence in respect of the rectification of deficiencies pointed out.

3. The petitioner, however, filed the present writ petition on 7 th

September, 2017, for the following reliefs:

“PRAYER

It is therefore prayed that this Hon’ble Court be pleased to:

a. Issue an appropriate writ, order or direction in the nature of mandamus directing the Medical Council of India, Respondent No.1, to take a decision on the Inspection Report dated 21.8.2017 and recommend to the 2nd respondent, Union of India – Ministry of Health and Family Welfare, for recognition of increased intake from 120 to 150 seats in MBBS course for the academic year 2017-18 and accordingly extend the last date of admission for the increased intake of 30 seats for the academic year 2017-18.

b. Alternatively issue a writ of mandamus directing the 4th respondent, Oversight Committee to consider the case of the petitioner for increased intake of 30 seats for the academic year 2017-18 within a specified time limit, in the event, Medical Council of India decides not to recommend for renewal of permission for increased intake of students for the academic year 2017-18.

c. Pass such further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.” 4

4. As the communication dated 4 th September, 2017, was

received by the petitioner-institution, the petitioner filed

interlocutory application in the pending writ petition being I.A.

No. 92019 of 2017 on 14 th September, 2017, for the following

reliefs:-

“PRAYER

It is therefore MOST RESPECTFULLY PRAYED that this Hon’ble Court may be pleased to:

I) Permit the Petitioner to add the following prayers in the Writ Petition

a) to issue an appropriate Writ, Order or Direction in the nature of Certiorari to quash the Communication/letter dated 4.9.2017 of the Medical Council of India.

b) to issue an appropriate Writ, Order or Direction in the nature of Mandamus directing the Central Government to grant permission/recognition of increased intake from 120 to 150 seats in MBBS course for the academic year 2017-18 and accordingly extend the last date of admission for the increased intake of 30 seats for the academic year 2017-18.

II) Pass such further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.”

5. We have heard Ms. Mahalakshmi Pavani, learned senior

counsel appearing for the petitioner and Mr. Vikas Singh, learned

senior counsel appearing for the respondents. 5

6. Considering the substantive relief claimed by the petitioner

in the writ petition coupled with the fact that no final decision

has been taken on the proposal for enhancement of intake

capacity from 120 to 150 seats by the Competent Authority, the

question of granting relief to permit the petitioner-institution to

admit upto 150 students in MBBS course for the academic

session 2017-18 cannot be countenanced. For, as per the

communication dated 4th September, 2017, the petitioner is

obliged to first rectify the deficiencies and satisfy the concerned

authorities of having done so. Only thereafter the Executive

Committee of MCI will be in a position to make final

recommendation to the Central Government, which, in turn,

would take appropriate decision as may be advised. In any case,

since the admission process for the academic session 2017-18

has concluded and the last date for admitting students has

expired, the question of granting any relief to the petitioner to

permit admission of students up to 150 seats cannot be

considered. As has been observed in Royal Medical Trust and

Another Vs. Union of India,1 we are inclined to issue following

directions:-

1 W.P. (C) No.747 of 2017 decided on 12-09-2017 6

(i) The application submitted by the petitioner for grant of

recognition/approval for increased intake from 120 to

150 seats for the academic session 2017-18 shall be

treated as having been made for the academic session

2018-19.

(ii) The MCI shall conduct a fresh inspection as per the

regulations within a period of three months. It shall

apprise the petitioner-institution with regard to the

deficiencies, if any, and afford an opportunity to

comply with the same and thereafter proceed further

in accordance with law and including in conformity

with the provisions of the Act and the Regulations

framed thereunder.

(iii) We make it clear that the inspection shall be carried

out for the purpose of academic session 2018-19.

(iv) After the Executive Committee of the MCI considers

the assessment report submitted to it after inspection

in terms of this order, it shall send its

recommendation to the Central Government. The

Central Government shall then take a final decision

after affording an opportunity of hearing to the

petitioner-institution, by taking assistance of the 7

Hearing Committee as constituted by the Constitution

Bench of this Court in Amma Chandravati

Educational and Charitable Trust & Ors. Vs.

Union of India & Anr.2, or other directions given in

the said decision and in accordance with law.

7. The writ petition and interlocutory application are,

accordingly, disposed of in the above terms. There shall be no

order as to costs.

……………………………….CJI.

(Dipak Misra)

………………………………….J. (A.M. Khanwilkar)

.………………………………...J. (Dr. D.Y. Chandrachud) New Delhi;

Dated: September 21, 2017.

2 W.P. (C) No.408 of 2017 decided on 18-07-2017