Kerala High Court
Kerala Private Medical College ... vs Medical Council Of India on 15 October, 2020
Author: Shaji P.Chaly
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 15TH DAY OF OCTOBER 2020 / 23RD ASWINA, 1942
WA.No.1346 OF 2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 15607/2020(A) OF HIGH COURT OF
KERALA
APPELLANT:
KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION
39/2031, AJAI VIHAR, M.G.ROAD, KOCHI-682016,
REPRESENTED BY ITS SECRETARY V.ANIL KUMAR.
BY ADVS.
SRI.S.VINOD BHAT
KUM.ANAGHA LAKSHMY RAMAN
RESPONDENTS:
1 MEDICAL COUNCIL OF INDIA
DWARAKA, NEW DELHI-110077, NOW NATIONAL MEDICAL
COMMISSION, DWARAKA, NEW DELHI-110077, REPRESENTED BY
ITS CHAIRMAN.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,
THRISSUR-680590.
3 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY
OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEAR
UDYOG BHAVAN METRO STATION, MOULAND AZAD ROAD, NEW
DELHI-110001.
SRI. TITUS MANI, STANDING COUNSEL FOR R1,
SRI.P.SREEKUMAR, STANDING COUNSEL FOR R2,
SRI.P.VIJAYAKUMAR, ASG FOR R3
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.10.2020,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1346 of 2020 2
JUDGMENT
SHAJI P.CHALY,J This appeal is preferred by the writ petitioner in W.P.(C) No.15607/2020, challenging the judgment of the learned Single Judge dated 16.9.2020, whereby the writ petition was dismissed holding that the application submitted by the members of the appellant association was not liable to be considered by the Medical Council of India after the extended cut off date of 31.8.2020 and therefore, there is no requirement to direct the Kerala University of Health Sciences, Thrissur, the 2 nd respondent in the appeal, to consider the application submitted by the members of the appellant association for issue of consent of affiliation. Brief material facts for the disposal of the writ appeal are as follows;
2. According to the appellant, it is an association of 18 private medical colleges in Kerala and is a registered body under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, evident from Ext.P1. It was the case of the appellant in the writ petition that several members of the association are desirous of starting new Post Graduate Medical Courses/enhancing number of seats available, as the case may be, for the academic year 2021 - 2022. In fact for the said purpose, applications are to be made to the Medical Council of India in terms of Ext.P2 guidelines issued by the Medical Council of India as per Public Notice dated 13.3.2020. In accordance with the guidelines, applications are to be accompanied by the W.A.No.1346 of 2020 3 documents delineated therein, including consent of affiliation from the Kerala University of Health Sciences. It is an imperative condition in Ext.P2 that incomplete applications will not be entertained by the Medical Council of India.
3. As per Ext.P2 guidelines, the applications complete in all respects ought to have been submitted before the Medical Council of India before 7.4.2020. Apparently Ext.P2 was issued by the 1st respondent in terms of Ext.P3 notification dated 4.4.2019 issued by the Board of Governors, in super-session of Medical Council of India and consequently the Medical Council of India has made it clear that the conditions contained under Exts.P2&P3 are to be scrupulously followed for starting a new Post Graduate course/enhancement in the number of Post Graduate seats. Apparently in order to prefer the requisite applications before the Medical Council of India in terms of Ext.P2, the member colleges of the appellant organisation, approached the State Government for issue of essentiality certificate and thereafter, made a request to the University for securing consent of affiliation.
4. According to the appellant, on 3.5.2020 appellant made request in writing to the University for issuance of consent of affiliation on the basis of prior inspection reports, available with the 2nd respondent, evident from Ext.P4, but no response was made by the University. However, the Medical Council of India issued Ext.P5 Public Notice dated 28.5.2020 extending the last date for submitting the application to 31.7.2020. While so on 24.7.2020, W.A.No.1346 of 2020 4 the University has intimated the Medical Council of India that it is not able to conduct inspections for grant of consent of affiliation and accordingly requested that the time limit for submission of applications before the Medical Council of India be further extended from 31.7.2020 and in the alternative, University has requested the Medical Council of India to accept the applications and process the same subject to the consent of affiliation to be issued later, evident from Ext.P6. The appellant has also made Ext.P7 request dated 27.7.2020 to the Medical Council of India to extend the time limit enabling the college to prefer applications to the Medical Council of India. However, no action was initiated, which according to the appellant, necessitated filing of the writ petition. Anyhow the time limit was extended by the Medical Council of India upto 31.8.2020 during the pendency of the writ petition.
5. The learned Single Judge after taking into account the submissions made by rival parties and taking into account the statement filed by the University has found that the schedule fixed by the Medical Council of India is guided by the direction of the Hon'ble Supreme Court of India. Therefore, it is only those colleges, which have been able to submit the applications complete in all respects would be entitled to the benefit of extensions granted by the Medical Council of India and therefore, it was held that the reliefs sought for by the writ petitioner are against the directions of the Hon'ble Supreme Court of India and as also the time line prescribed by the Medical W.A.No.1346 of 2020 5 Council of India. Therefore, the following reliefs sought for by the appellant in the writ petition were declined:
1. issue a writ of mandamus or such other writ directing the 1 st respondent to pass appropriate orders extending the limit under Ext.P2 from 31.07.2020 for a further period of 45 days or more; or
2. issue a writ of mandamus or such other writ directing the 1 st respondent to accept and process the application preferred before it without insisting on the supporting documents envisaged in Ext.P2
3. Grant such other order or direction, as this Hon'ble Court may be deemed fit and proper in the facts and circumstances.
6. We have heard Sri.S.Vinod Bhat, learned counsel appeared for appellant, Sri.Titus Mani, learned standing counsel appeared for Medical Council of India, Sri.P.Sreekumar, learned standing counsel appeared for University, Sri.P.Vijayakumar, learned Assistant Solicitor General appeared for the Union of India and perused the pleadings and materials on record.
7. The sole question emerges for consideration is whether any manner of interference is warranted to the judgment of the learned Single Judge ? It is an admitted fact that as per Ext.P2 public notice, the Secretary General of the 1st respondent informed that those colleges, who wish to apply for starting/increase of seats in Post Graduate courses under section 10A of the Indian Medical Council Act, 1956 for the academic year 2021-2022 are required to be submitted to the Secretary General, Medical Council of India W.A.No.1346 of 2020 6 from 16th March, 2020 to 7th April, 2020 in the prescribed format. It is an admitted fact that Ext.P2 public notice was issued on the basis of Ext.P3 amendment notification dated 4th April, 2020 issued by the Board of Governors in supersession of Medical Council of India, in exercise of the powers conferred under section 33 of the Indian Medical Council Act, 1956 with the previous sanction of the Central Government amending the regulations for opening of a new or higher course of study or training and increase of admission capacity in any course of study or training including Post Graduate course of study or training.
8. Among other conditions, the time schedule for receipt of the applications for opening of Post Graduate (Broad Speciality) courses/increase of admission capacity and processing of the applications by the Board of Governors in supersession of the Medical Council of India as per which receipt of application by the Board of Governors in supersession of the Medical Council of India is between 15th March to 7th April (both days inclusive) of any year. Admittedly the said period was initially extended upto 31.7.2020 as per the public notice dated 28.5.2020 issued by the Board of Governors. It is also an admitted fact that the period was further extended upto 31.8.2020. However, fact remains the University has not issued the consent of affiliation for want of time for inspecting the colleges in terms of the Regulations - 2000 as amended up to date.
9. Undisputedly the application seeking the facilities as is requested for W.A.No.1346 of 2020 7 by the colleges were to be accompanied by necessary documents in terms of the regulations as well as the guidelines. The appellant has no case that the member colleges have submitted any application or has received the consent of affiliation from the 2nd respondent University at any time before the finally extended time of 31.8.2020. Therefore, it can very well be seen that there was no deficiency on the part of the Medical Council of India/Board of Governors superseding the Medical Council of India to consider any application or they were bound to receive the application without the additional required documents accompanying the application for the purpose. It is also clear from Ext.P2, P3 and P5 and further extension made up to 31.8.2020 that, the Medical Council of India/Board of Governors were not at liberty to receive any applications after the cut off date. In that view of the matter, it can be seen that no manner of directions can be issued to the Medical Council of India was sought for in the writ petition to accept and process the applications preferred before the Medical Council of India without insisting for the supporting documents envisaged in Ext.P2 guidelines.
10. So far as the submission of the applications is concerned, it was purely on the basis of Ext.P2 public notice dated 13.3.2020 inviting applications for the academic year 2021 - 2022, which thus means the public notice was issued only inviting applications for the academic year 2021 - 2022. Therefore, the contention put forth by the learned counsel for the appellant that a direction can be issued to the University to process the applications of W.A.No.1346 of 2020 8 the members of the appellant organisation enabling the member colleges to pursue the matter before the Medical Council of India/Board of Governors, cannot be sustained since the cut off date fixed by the Medical Council of India was over by 31.8.2020. Accordingly there was no reason for the writ court to issue any such direction to the University to consider applications submitted by the member colleges. If any such direction sought for by the appellant is granted, it would go against the spirit of Ext.P2 guidelines issued by the Medical Council of India/Board of Governors since the applications were invited only for the academic year 2021 - 2022.
11. Taking into account all the above aspects, we are of the considered opinion that the learned Single Judge was right in dismissing the writ petition. We are also of the opinion that the appellant has not made out any case so as to interfere with the judgment of the learned Single Judge in any intra court appeal filed under section 5 of the Kerala High Court Act. Needless to say, appeal fails, accordingly it is dismissed.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY
smv JUDGE