Madras High Court
The Director vs V.Balasundar Raj on 31 January, 2013
Author: R.Banumathi
Bench: R.Banumathi, K.K.Sasidharan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2013
CORAM :
THE HONOURABLE Mrs.JUSTICE R.BANUMATHI
and
THE HONOURABLE Mr.JUSTICE K.K.SASIDHARAN
W.A.No.2547 of 2012
The Director,
Sri Mookambika Institute of Medical Sciences,
Kulasekharam,
Kanyakumari District,
Tamil Nadu-629 161. .. Appellant
vs.
1. V.Balasundar Raj
2. The Registrar,
Tamil Nadu Dr. M.G.R. Medical University,
Guindy, Chennai-600 032.
3. The Secretary,
Health & Family Welfare Department,
Fort St. George, Chennai 600 009.
4. The Secretary,
Medical Council of India,
Pocket 14, Sector 8,
Dwarkar Phase 1,
New Delhi 110 077. .. Respondents
Prayer: Writ Appeal is filed under Clause 15 of Letters Patent Appeal against the order dated 18.07.2012 made in W.P.No7221 of 2012 on the file of this Court.
For Appellant : Mr.Issac Mohanlal
For Respondent No.1 : Mr.N.G.R.Prasad
For Respondent No.2 & 3 : Mr.P.Sanjay Gandhi
For Respondent No.4 : Mr.M.T.Arunan
JUDGMENT
R.BANUMATHI,J.
Being aggrieved by the order in W.P.No.7221 of 2012 dated 18.07.2012 in and by which the Writ Court directed the College to issue No Objection Certificate to the 1st Respondent to continue his Internship in Christian Medical College, Vellore subject to payment of a sum of Rs.75,000/-, the Appellant College has preferred this appeal.
2. 1st Respondent has completed 4= years M.B.B.S. Course in Appellant College during the month of August 2011. Chapter V, Clause 14 of Medical Council of India Regulation prescribes that after passing M.B.B.S., a candidate has to undergo Compulsory Rotating Resident Internship (in short CRRI) for a period of 12 months, so as to qualify for the award of Degree of Bachelor of Medicine. It is the case of 1st Respondent that as per Tamil Nadu Medical Council Rules, on completion of two months of Internship in the parent college, one can apply for transfer of Internship to another College for completing the Internship. According to 1st Respondent, Christian Medical College, Vellore (for short "CMC, Vellore") has agreed to accommodate the 1st Respondent and given No Objection Certificate to that effect. It is the case of 1st Respondent that he had taken a decision to transfer Internship to CMC, Vellore as his father (Venkatachallam) was suffering from Ankolysing Spondylitis and hypertension for which he is taking regular treatment in Christian Medical College Hospital, Vellore from 31.10.2011. 1st Respondent's mother (Mano Sabitha) was suffering from Left Upper Limb Ischemia and Left subclavian artery inclusion and is undergoing regular treatment in Christian Medical College Hospital, Vellore from 26.11.2010. According to 1st Respondent, if he does his Internship in CMC, Vellore, he will be able to look after his parents and Christian Medical College Hospital, Vellore also may show some consideration in the matter of charges. 1st Respondent approached the Appellant College for issuance of transfer certificate, but the Appellant College has refused to issue transfer certificate. According to 1st Respondent, he made a representation to the Appellant College requesting permission for undergoing the remaining part of his Internship at CMC, Vellore and the same was rejected by the Appellant by its letter dated 23.02.2012 without assigning any reason. Challenging the said letter of Appellant dated 23.02.2012 and to issue a direction to recognise the remaining period of 9 months of CRRI at CMC, Vellore and to direct the 2nd Respondent University to evaluate and recognise the entire period of CRRI, the 1st Respondent has filed W.P.No.7221 of 2012.
3. On notice, Appellant entered appearance and submitted that 1st Respondent has not paid the balance of Rs.2,69,250/- inspite of repeated demands and that remaining part of CRRI has to be completed only in Appellant College and No Objection Certificate cannot be issued to the 1st Respondent.
4. Upon consideration of rival submissions, learned single Judge directed the Appellant College to issue No Objection Certificate to the 1st Respondent to continue his Internship in CMC, Vellore. The 1st Respondent was directed to pay a sum of Rs.75,000/- and on such payment the Appellant was directed to return all the original certificates, mark sheets and other documents submitted by the 1st Respondent at the time of admission to M.B.B.S. Course in the said College. Being aggrieved with the said direction, Appellant College has preferred this appeal.
5. Mr.Issac Mohanlal, learned counsel for Appellant submitted that Medical Council of India norms provide that out of 12 months Internship, 6 months shall be devoted to learning tertiary care being rendered in teaching Hospital/District Hospital, 3 months of secondary care in a small District or Taluk Hospital/Community Health Centre and 3 months in Primary Health Care out of which 2 months should be in Primary Health Centre with full attention to the implementation of National Health Program and as per the norms in vogue the Intern shall acquire skills to deal effectively with the individual and the Community in the context of Primary Health Care and experience could be achieved in the District Hospital and Primary Health Centre and while so, the 1st Respondent cannot seek for transfer to another College in the midst of CRRI. Learned counsel for Appellant further submitted that for issuance of "No Objection Certificate", the College has to evaluate the training by an objective analysis of students knowledge, skills and attitude during and at the end of CRRI "No Objection Certificate" could be issued on the basis of satisfactory completion of training. Drawing our attention to the Medical Council of India Regulation No.6, the learned counsel submitted that as per Regulation No.6, migration of students from one Medical College to another Medical College may be granted on any genuine ground and no such genuine ground has been made out by the 1st Respondent to grant "No Objection Certificate" for his transfer.
6. Mr.N.G.R.Prasad, learned counsel for 1st Respondent submitted that as per Medical Council of India norms and the instructions issued by the Tamil Nadu Medical Council, it is mandatory/compulsory to do Internship at their parent College for one posting (two months) and 1st Respondent has completed 4= months of CRRI in Appellant College and only for the remaining period, he sought for transfer to CMC, Vellore on the genuine ground that his parents are unwell and that the 1st Respondent has to take care of his parents.
7. Mr.P.Sanjay Gandhi, learned counsel for Respondents 2 and 3 submitted that Tamil Nadu Medical Council had issued instructions for transfer of students to undergo their CRRI and that there is no impediment for issuance of "No Objection Certificate" for transfer of 1st Respondent to complete his Internship.
8. We have also heard the arguments of Mr.M.T.Arunan, learned counsel for 4th Respondent.
9. Chapter V of Medical Council of India Regulations provides for "Internship". Internship is a phase of training wherein a graduate is expected to conduct actual practice of medical and health care and acquire skills under supervision so that he/she may become capable of functioning independently. After passing the final M.B.B.S. Examination, every candidate is required to undergo CRRI to the satisfaction of the College Authorities and University concerned for a period of 12 months, so as to eligible for the award of Degree of Bachelor of Medicine and Bachelor of Surgery and full registration. The Intern shall be entrusted with clinical responsibilities under direct supervision of Senior Medical Officer.
10. Chapter V, Clause 14(5)(x) deals with 12 months CRRI which reads as under:-
"Chapter V, Clause 15(5)(x) Out of one year, 6 months shall be devoted to learning tertiary care being rendered in teaching hospital/district hospital suitably staffed with well qualified staff, 3 months of secondary care in a small District or Taluka Hospital/Community Health Centre and 3 months in Primary Health Care out of which 2 months should be in Primary Health Programme at the Community level. One month of primary care training may be in the form of preceptorship with a practising family physician or voluntary agency or other primary health care provider."
11. Regulation No.6 of Medical Council of India provides for "Migration" of students from one Medical College to another Medical College. The amended Regulation No.6 reads as under:-
"6. "Migration"/"Transfer"
(1)Migration of students from one medical college to another medical college in India shall be granted only in exceptional cases to the most deserving among the applicants for good and sufficient reasons and not on routine grounds. The number of students migrating to/from any one medical college shall be kept to the minimum which shall in any case not exceed the limit of 5% of its sanctioned intake in one academic year. There shall be no migration on any ground from one medical college to another located in the same city.
(2)Migration of students from one College to another is permissible only if both the colleges are recognised by the Central Government under section 11(2) of the Indian Medical Council Act, 1956 and further subject to the condition that it shall not result in increase in the sanctioned intake capacity for the academic year concerned in respect of the receiving medical college.
(3)The applicant candidate shall be eligible to apply for migration only after qualifying in the first professional MBBS examination. Migration during clinical course of study shall not be allowed on any ground."
12. As per Note-1 of Medical Council of India's Amended Notification (20.10.2008), the State Government/Universities/Institutions may frame appropriate guidelines for grant of "No Objection Certificate" or "Migration" as the case may be to the students subject to the provisions of Medical Council of India Regulations. As per Note-1 of Medical Council of India's Amended Notification, the Tamil Nadu Medical Council issued instructions for issuance of "No Objection Certificate" to undergo CRRI training in different College.
13. On the basis of the representations from Internees, Tamil Nadu Medical Council issued orders in Ref.No.TNMC/G136/2012 dated 29.03.2012 revising the order for transferring Internship from one College to another and as per the Tamil Nadu Medical Council instructions, the candidate could seek for transfer for Internship from one college to another only after completion of one posting (two months) at their parent College and "No Objection Certificate" could be given for the remaining ten months at any recognised Institutions/Hospitals. A careful reading of Medical Council of India Regulations and the instructions of Tamil Nadu Medical Council, it is clear that transfer of Internship from one Medical College to another Medical College is not impermissible. However, transfer of Internship from one College to another College is not automatic; but "No Objection Certificate" could be issued only on genuine grounds.
14. The information obtained under Right to Information Act, Tamil Nadu Dr.M.G.R. Medical University had furnished information stating that in 2010-2011 - 114 "No Objection Certificates" were issued and in 2011-2012 - 68 "No Objection Certificates" were issued to undergo CRRI training in other Medical Colleges.
15. 1st Respondent joined Appellant College on 27.09.2006. After passing final M.B.B.S. Examination and after completion of 4= months of CRRI training in Appellant Medical College, 1st Respondent requested for issuance of "No Objection Certificate" to continue his Internship in CMC, Vellore on the ground that his father was suffering from Ankolysing Spondylitis and hypertension and his mother was suffering from left upper limb ischemia and left subclavian artery inclusion and are undergoing treatment in CMC, Vellore and while pursuing his education, 1st Respondent could take care of his parents.
16. 1st Respondent had given representation on 04.01.2012 to the 2nd Respondent-University. On his representation, 2nd Respondent through its letter dated 23.02.2012 called upon the 1st Respondent to submit documents and also to remit processing fee of Rs.3000/- through online and a copy of which was marked to the Appellant College. The immediate response of the Appellant College was its letter dated 24.02.2012 calling upon the 1st Respondent to pay the fees dues of Rs.2,69,250/- immediately.
17. When the matter was argued before the learned single Judge, the learned counsel for Appellant is said to have submitted that "No Objection Certificate" could be issued to the 1st Respondent on his paying an amount of Rs.2,69,250/- due from him payable to the Appellant. Stating that a manifest error was found in Paragraph 12 of the order that "No Objection Certificate" could be issued to the 1st Respondent on the 1st Respondent paying the amounts due from him payable to the Appellant College, Appellant filed Review Application in Review Application No.137 of 2012. By order dated 30.08.2012, the Review Application was dismissed holding that the observation in Paragraph 12 of the order is correct reflection of the submissions made by the learned counsel who appeared for the Appellant College. Having regard to the dismissal of Review Application, we are bound by the statement recorded in the Court proceedings.
18. The Supreme Court in State of Maharashtra v. Ramdas Shrinivas Nayak, (1982) 2 SCC 463, observed that matters of judicial record are unquestionable.
"We are afraid that we cannot launch into an enquiry as to what transpired in the High Court. It is simply not done. Public policy bars us. Judicial decorum restrains us. Matters of judicial record are unquestionable. They are not open to doubt. Judges cannot be dragged into the arena. Judgments cannot be treated as mere counters in the game of litigation.1 We are bound to accept the statement of the Judges recorded in their judgment, as to what transpired in court. We cannot allow the statement of the Judges to be contradicted by statements at the Bar or by affidavit and other evidence. If the Judges say in their judgment that something was done, said or admitted before them, that has to be the last word on the subject. The principle is well-settled that statements of fact as to what transpired at the hearing, recorded in the judgment of the court, are conclusive of the facts so stated and no one can contradict such statements by affidavit or other evidence. If a party thinks that the happenings in court have been wrongly recorded in a judgment, it is incumbent upon the party, while the matter is still fresh in the minds of the Judges, to call the attention of the very Judges who have made the record to the fact that the statement made with regard to his conduct was a statement that had been made in error. That is the only way to have the record corrected. If no such step is taken, the matter must necessarily end there."
19. As pointed out earlier, transfer of Internship from one College to another College is not automatic, but subject to Medical Council of India Regulations and the instructions of Tamil Nadu Medical Council. However, in view of the submissions made by the learned counsel for Appellant, in the facts and circumstances of this case, the learned single Judge directed issuance of "No Objection Certificate" to the 1st Respondent and we do not find any infirmity in such direction.
20. The next question is in respect of the fee due and payable by the 1st Respondent. As per the revised fee structure issued by the Appellant College, the fee payable by the 1st Respondent is Rs.13,83,000/-. Before the learned single Judge, a Memo of Calculation was filed by the 1st Respondent stating that he had paid total fee of Rs.13,15,000/-. Referring to the fee structure issued by the Appellant College and the fee paid by the 1st Respondent, the learned single Judge directed the 1st Respondent to pay a sum of Rs.75,000/- to the Appellant and on payment of Rs.75,000/-, the Appellant College was directed to issue "No Objection Certificate". The direction issued by the learned single Judge cannot be said to be in violation of Medical Council of India Regulations and the instructions of Tamil Nadu Medical Council. We do not find any reason warranting interference with the order of learned single Judge and the appeal is liable to be dismissed.
21. In the result, the appeal is dismissed. The first respondent is directed to pay the balance fee of Rs.75,000/- within ten days from today, if not already paid and on such payment, the appellant is directed to issue the "No Objection Certificate" and all other Certificates as per his entitlement within one week thereafter.
bbr To
1. The Registrar, Tamil Nadu Dr. M.G.R. Medical University, Guindy, Chennai-600 032.
2. The Secretary, Health & Family Welfare Department, Fort St. George, Chennai 600 009.
3. The Secretary, Medical Council of India, Pocket 14, Sector 8, Dwarkar Phase 1, New Delhi 110 077