Supreme Court - Daily Orders
Sinhgad Technical Education Society ... vs Uoi on 9 May, 2014
L IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.172 OF 2014
SINHGAD TECHNICAL
EDUCATION SOCIETY & ANR ... Petitioners
VERSUS
UOI & ORS ... Respondents
WITH W.P.(C) NO.186 OF 2014
W.P.(C) NO. 187 OF 2014
W.P.(C) NO. 188 OF 2014
W.P.(C) NO. 189 OF 2014
W.P.(C) NO. 190 OF 2014
W.P.(C) NO. 191 OF 2014
W.P.(C) NO. 192 OF 2014
W.P.(C) NO. 197 OF 2014
W.P.(C) NO. 202 OF 2014
W.P.(C) NO. 216 OF 2014
W.P.(C) NO. 241 OF 2014
W.P.(C) NO. 299 OF 2014
O R D E R
Rule nisi.
Having heard Mr.Amarendra Saran, learned Senior Advocate for the Appellants and Mr.Paramjit Singh Patwalia, learned Senior Counsel for the Medical Council of India, Mr.Siddharth Luthra, learned Additional Solicitor General for the Union of India, we are of the view that based on the consent for affiliation letter issued by the Maharashtra University of Health Sciences between 15.03.2014 and 21.03.2014, it will not be 1 appropriate to direct the Medical Council of India to consider the Appellant’s claim for permission to start new courses, as well as increase in the seats in the various post graduate courses for the academic year 2014-2015. However, we deem it appropriate to direct the Medical Council of India to consider the Appellant’s claim for permission for the academic year 2015-2016 and to consider such permission based on the consent of affiliation issued by the University, as well as based on the application which has already been filed by the appellant dated 29.05.2013 received by the Medical Council of India on 30.05.2014.
The Medical Council of India shall carry out whatever inspection or other inquiries that are to be carried out and pass its orders before 31.12.2014.
The writ petitions stand disposed of accordingly. Writ Petition (Civil) No.299 of 2014 The Petitioner seeks to challenge the minutes of the meeting of the Medical Council of India dated 28/29.01.2014 and 06/07.02.2014 by which the petitioner’s application for increasing the seats/commencement of courses in Paediatrics, Psychiatry, General Medicine, Ophthalmology, Radio- 2 Diagnosis, T.B & Respiratory, Pulmonary Medicine, ENT, Anesthesiology, OBG, Orthopaedics, DVL of the petitioner institute sent to the Union of India was rejected on the ground that the required norms are not being fulfilled.
Consequent to the said communication of the Medical Council of India, it is stated that the Union of India asked for a reconsideration by its communication dated 05.04.2014 which was received by the Medical Council of India on 10.04.2014 and the Post Graduate Committee and Medical Council of India after reconsideration expressed its inability to recommend for the permission applied for by the petitioner in their letter dated 11.04.2014.
We were taken through the norms which were prescribed by the Medical Council for India in its communication dated 30.11.2009. In the said communication, Medical Council of India indicated the "Minimum Standard Requirements of the Medical College"
such as minimum OPD attendance, beds occupancy, operative workload etc., to be satisfied for the purpose of considering grant of permission to start any new course or for any additional seats to be permitted for different courses.
Having heard learned counsel for the parties, we 3 are of the view that the Postgraduate Committee can be directed to consider the claim of the Petitioner for grant of permission for additional intake in different disciplines by applying the norms stated in the Medical Council of India communication dated 30.11.2009. While making such consideration, the Post Graduate Committee can take into account the prevailing clinical patients materials with the Petitioner and depending upon the statistics reported may decide as to the number of seats that can be granted either for starting the new courses or for grant of additional seats for the existing courses for the Petitioner for the academic year 2014-2015. Since the cut off date is fast approaching, we would appreciate if the Post Graduate Committee submits its report within two weeks from today and the Medical Council of India as well as the Union of India pass orders within one week thereafter.
With the above directions this writ petition stands disposed of.
.................................J. [FAKKIR MOHAMED IBRAHIM KALIFULLA] .................................J. [A.K. SIKRI] New Delhi;
May 09, 2014.
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ITEM NO.69 COURT NO.12 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(s). 172 OF 2014 SINHGAD TECHNICAL EDUCATION SOCIETY &ANR Petitioner(s) VERSUS UOI & ORS Respondent(s) (With appln(s) for directions, permission to file additional documents and office report) WITH W.P(C) NO. 186 of 2014 (With office report) W.P(C) NO. 187 of 2014 (With office report) W.P(C) NO. 188 of 2014 (With office report) W.P(C) NO. 189 of 2014 (With office report) W.P(C) NO. 190 of 2014 (With office report) W.P(C) NO. 191 of 2014 (With office report) W.P(C) NO. 192 of 2014 (With office report) W.P(C) NO. 197 of 2014 (With office report) W.P(C) NO. 202 of 2014 (With office report) W.P(C) NO. 216 of 2014 (With office report) W.P(C) NO. 241 of 2014 (With office report) W.P. (C)No.336/2014 (With appln(s) for directions and office report) W.P. (C)No. 299/2014 (With appln(s) for directions and permission to file additional documents and office report) Date: 09/05/2014 These Petitions were called on for hearing today.5
CORAM :
HON’BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON’BLE MR. JUSTICE A.K. SIKRI For Parties Mr. T. R. Andhyarujina, Sr. Adv. Mr. Amarendra Sharan, Sr. Adv. Mr. S. Udaya Kumar Sagar, Adv. Ms. Bina Madhavan, Adv. Ms. Praseena E. Joseph, Adv. Mr. Soumik Ghosal, Adv.
Mr. H. P. Raval, Sr. Adv. Mr. Amarendra Sharan, Sr. Adv. Mr. Anurag Sharma, Adv. Mr. Ananda Mukherjee, Adv. Mr. Prashant Kumar, Adv. Mr. Joseph Pookkatt, Adv.
Mr. Amit Kumar, Adv.
Mr. A. Ramesh, Adv.
Mr. Syed Ahmed, Adv.
Ms. Manju Jana, Adv.
Ms. Shilpi Gupta, Adv. Mr. Ankit Rajgarhia, Adv. Mr. Avijit Manitripathi, Adv. Mr. Siddharth Luthra, ASG.
Ms. Sushma Suri, Adv. Ms. Supriya Juneja, Adv. Mr. Anandana Handa, Adv. Mr. Gurmohan Singh Bedi, Adv.
Mr. Gaurav Sharma, Adv. Mr. Prateek Bhatya, Adv. Ms. Amandeep, Adv.
Mr. Gaurav Agrawal, Adv.
UPON hearing counsel the Court made the following O R D E R WITH W.P(C) NO. 186 of 2014 W.P(C) NO. 187 of 2014 W.P(C) NO. 188 of 2014 6 W.P(C) NO. 189 of 2014 W.P(C) NO. 190 of 2014 W.P(C) NO. 191 of 2014 W.P(C) NO. 192 of 2014 W.P(C) NO. 197 of 2014 W.P(C) NO. 202 of 2014 W.P(C) NO. 216 of 2014 W.P(C) NO. 241 of 2014 W.P. (C)No. 299/2014 The writ petitions stand disposed of in terms of the signed order.W.P. (C)No.336/2014
At the request of the learned counsel for Medical Council of India as well as learned Additional Solicitor General, list this matter next week.
In the meantime, copies to be furnished. Reply to be filed by next week.
[Nidhi Ahuja] [Sharda Kapoor]
Court Master Court Master
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