Madhya Pradesh High Court
Gyanjeet Sewa Mission Trust vs Union Of India on 1 July, 2015
Equivalent citations: AIR 2016 (NOC) 307 (M.P.)
Bench: A. M. Khanwilkar, K.K.Trivedi
Writ Petition No.7915/2015
1
HIGH COURT OF MADHYA PRADESH : JABALPUR
Writ Petition No.7915 of 2015
(With I.A.No.5610/2015)
Gyanjeet Sewa Mission Trust .....Petitioner
Versus
Union of India and others ....Respondents
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Coram:
Hon'ble Shri Justice A. M. Khanwilkar, Chief Justice
Hon'ble Shri Justice K.K.Trivedi, J.
Whether approved for reporting : Yes.
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Shri Amalpushp Shroti, Advocate for the petitioner.
Shri Vikram Singh, Advocate for the respondent/Union of
India.
Smt. Indira Nair, Senior Advocate with Shri Rajas
Pohankar, Advocate for the respondent No.2/Medical Council of
India.
Shri Manas Verma, Advocate for respondent No.6.
Shri Paritosh Gupta, Advocate for the intervenor.
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Reserved On : 24.06.2015
Date of Decision : 01.07.2015
ORDER
{ 01st July, 2015} Per: A.M. Khanwilkar, Chief Justice:
This petition filed on 26.05.2015, under Article 226 of the Writ Petition No.7915/2015 2 Constitution of India takes exception to the decision of the Executive Committee of Medical Council of India dated 29.04.2015 (Annexure P-22) and communication dated 11.05.2015 (Annexure P-26). Further direction is sought against the respondent No.2 to consider the application submitted by the petitioner for permission to establish a new Medical College at Jabalpur for the academic year 2015-16 and make recommendations to the respondent No.1 as per Establishment of Medical Colleges Regulations, 1999. It is further prayed that direction be issued to the respondent No.1 to pass appropriate orders under Section 10A of the Indian Medical Council Act, 1956 for granting permission to the petitioner -Trust for opening a new Medical College with intake capacity of 150 students for the academic year 2015-16.
2. The petitioner-Trust submitted application under Section 10A for grant of permission, to open a new medical college with intake capacity of 150 students for the academic year 2015-16, on 26.08.2014. According to the petitioner, all the necessary documents were submitted along with the said application. However, respondent No.2 forwarded a negative Writ Petition No.7915/2015 3 recommendation to the respondent No.1 on 15.01.2015 (Annexure P-12), on the ground that the petitioner had submitted two letters (one letter giving NOC and another giving consent of affiliation) issued by the Rani Durgavati Vishwavidyalaya bearing the same outward No/ACA/ 2014/3037 and same date i.e. 01.08.2014. The Executive Committee of the Council in its meeting held on 13.01.2015, noted that Registrar, Rani Durgavati Vishwavidyalaya vide letter dated 10.12.2014 has informed that since the M.P. Medical Science University has been constituted in the State, w.e.f. 17.09.2014, any further processing of the proposal must be done by the said University. It was also observed that M.P. Medical Science University has not issued any consent of affiliation in favour of the petitioner, till the decision was taken by the Executive Committee on 13.01.2015. In view of this discrepancy, the Executive Committee decided to seek clarification from Rani Durgavati Vishwavidyalaya University about the circumstances in which the said two letters bearing the same outward number and date were issued by it. This was communicated by the Section Writ Petition No.7915/2015 4 Officer of respondent No.2, to the respondent No.1 vide letter dated 15.01.2015 (Annexure P-12). This fact was brought to the notice of the petitioner. The petitioner-Trust submitted explanation before the Hearing Committee of respondent No.1 on 9th February, 2015 (AnnexureP-14). With regard to the question of affiliation of new medical college it was pointed out that Madhya Pradesh Medical Science University was established on 01.08.2011 in terms of notification dated 17.09.2014 in exercise of powers under Section 6 (2) of the Act, notifying 25.09.2014 as the date on which Colleges/Schools or Institutions situated within the limits of the area specified under Section (1), shall be deemed to be associated with and admitted to the privileges of the University.
3. The petitioner also pointed out that pursuant to the notification issued by M.P. Medical Science University dated 17.09.2014, the petitioner approached the Vice Chancellor and Registrar of the University vide letter dated 26.09.2014 requesting to issue consent of affiliation in Form No.3. However, the said letter was returned on the ground that the petitioner will have to apply for affiliation after announcement Writ Petition No.7915/2015 5 is made on M.P. Medical Science University's website. The petitioner thereafter applied in prescribed format to M.P. Medical Science University on 30.10.2014 for grant of affiliation for academic year 2015-16 for 150 MBBS students. Further, the petitioner - Trust deposited Rs.50,30,000/- (Rupees Fifty Lacs Thirty Thousand) as affiliation fees as prescribed by the M.P. Medical Science University Act, 2011, prior to the submission of application for affiliation for academic year 2015-
16. The petitioner asserts that the petitioner was the first applicant who had deposited such fees with the said University. On 20.09.2014, the petitioner-Trust requested M.P. Medical Science University to confirm receipt of application for affiliation with required fees already deposited. The University vide letter dated 20.09.2014, confirmed the receipt of affiliation fees for the academic year 2015-16 and assured that the same will be considered. A receipt for having received the amount deposited by the petitioner towards affiliation fees was issued to the petitioner on 29.09.2014, by the University. The petitioner once again requested the University vide letter dated 22.01.2015, to issue consent of affiliation in Form No.3 to Writ Petition No.7915/2015 6 facilitate the petitioner to fulfill the formalities for processing of the scheme for opening of new college submitted by it to the Medical Council. In response, the M.P. Medical Science University vide letter dated 24.01.2015, informed that the grant of affiliation for new Medical College was being processed and that consent cannot be issued due to Code of Conduct in force in the State of M.P. In other words, detailed explanation was offered to point out that the petitioner-Trust had taken all possible measures for expediting the issuance of consent of affiliation, but could not succeed in getting the same from the University, for reasons beyond its control. In the explanation offered by the petitioner, to the Hearing Committee of respondent No.1, the petitioner emphasized that it has already set up impeccable infrastructure with State of Art Medical equipments installed in the Hospital with 12 modular OT of Class 100. In substance, it is mentioned in the said explanatory note that the petitioner-Trust has complied with all requisite formalities while applying for approval of the scheme, except the consent of affiliation from the M.P. Medical Science University.
Writ Petition No.7915/20157
4. The petitioner-Trust received communication from the respondent No.1 dated 02.02.2015, for remaining present for hearing on 09.02.2015 at 2:00 PM at the stated address. It is then asserted that the Executive Committee of respondent No.2 Council in its meeting held on 27.03.2015 considered the scheme of petitioner - Trust and decided to submit negative recommendation to the Central Government. The minutes of the said meeting reads thus :-
4. Establishment of New Medical College at Jabalpur, Madhya Pradesh by Gyanjeet Sewa Mission Trust, Jabalpur , Madhya Pradesh u/s 10A of the IMC Act, 1956 for the academic year 2015-16.
Read: the matter with regard to establishment of New Medical College at Jabalpur, Madhya Pradesh by Gyanjeet Sewa Mission Trust, Jabalpur, Madhya Pradesh u/s 10A of the IMC Act, 1956 for the academic year 2015-16.
The Executive Committee of the Council observed that at its meeting dt. 13/01/2015, it was decided as under:
"The Executive Committee of the Council considered the matter and observed that both the letters (one letter giving NOC & another giving consent of affiliation) issued in the name of Rani DurgavatiVishwavidyalaya bear the same outward no. - i.e. Aca/2014/3037 and same date - i.e. 01/08/2014. It was also observed by the Executive Committee that the Registrar, Rani DurgavatiVishwavidyalaya vide his letter dt. 10/12/2014 has informed that since M.P. Medical University has been constituted in the state, w.e.f. 17/09/2014 and any further processing would be done by M.P. Medical University. It was also observed that M.P. Medical University has not issued any consent of affiliation till date. In view of above, the Executive Committee of the Council decided to accept the opinion of the Law Officer of the Council and decided to return the application recommending disapproval of the scheme for establishment of New Medical College at Jabalpur, Madhya Pradesh by Writ Petition No.7915/2015 8 Gyanjeet Sewa Mission Trust, Jabalpur , Madhya Pradesh u/s 10A of the IMC Act, 1956 for the academic year 2015-16 since there is no provision u/s 10A of the Indian Medical Council Act, 1956 or the Regulations framed therein to keep the application pending in the Council office for the next academic year.
The Executive Committee of the Council further decided to seek a clarification from Rani DurgavatiUniversity about the discrepancy of two different letters bearing the same outward number."
The Committee further observed that vide its submission before the Committee appointed by the Ministry, applicant trust has stated as under:
"We have applied on 29/10/2014 for grant of affiliation for academic yea 2015-16 for 150 MBBS student and deposited Rs. 50,30,000.00 as affiliation fees on 28/10/2014 thereafter Madhya Pradesh Medical Science University has informed on 20/11/2014 that our affiliation fees had been accepted and our affiliation is under consideration. Thus we are at a stage above "consent of affiliation" as our affiliation is under consideration with Madhya Pradesh Medical University."
In this regards, the Ministry has forwarded the recommendations of the Committee constituted by the Ministry in the matter , which is as under:-
"Recommended for review by MCI"
The Central Govt. has requested the Council to review/assess the scheme in the light of the documents submitted by the college/applicants in compliance and recommendations of the Committee with the request to take necessary action(s) for review and furnish its recommendations accordingly to the Ministry immediately latest by 15.04.2015, if nothing is heard by Council then it will be presumed that the MCI has no further comments to offer in the matter."
From the above, it is evident that the applicant trust has not yet received consent of affiliation from affiliating University -i.e. Madhya Pradesh Medical Sciences University w.e.f. 17/09/2014 which is a Qualifying Criterion 3(2)(4) of Establishment of Medical College regulations, 1999.
The Committee further observed that the time schedule prescribed under Establishment of Medical College Regulations with regard to last date prescribed under Establishment of Medical College Regulations, 1999 as Writ Petition No.7915/2015 9 amended from time to time reads as under:
No. Stage of processing Last Date
1. Receipt of applications by the Central Govt. From 1st August to 31st
August (both days inclusive) of
any year
2. Receipt of applications by the MCI from Central Govt. 30th September
3. Recommendations of Medical Council of India to 15th December
Central Government for issue of Letter of Intent
4. Issue of Letter of Intent by the Central Government. 15th January
5. Receipt of reply from the applicant by the Central 15th February Government requesting for Letter of permission.
6. Receipt of Letter from Central Government by the 1st March Medical Council of India for consideration for issue of Letter of Permission.
7. Recommendation of Medical Council of India to 15th May Central Government for issue of India to Central Government for issue of Letter of Permission.
8. Issue of Letter of Permission by the Central 15th June Government.
It was further observed that these Regulations being Statutory Regulations are mandatory and binding in character and are required to be strictly adhered to by all the authorities. The operative part of the order of Hon'ble in Mridul Dhar's case is as under:
"1-13. ........................................................
14.Time schedule for establishment of new college or to increase intake in existing college, shall be adhered to strictly by all concerned.
15.Time schedule provided in Regulations shall be strictly adhered to by all concerned failing which defaulting party would be liable to be personally proceeded with."
In view of above, the Executive Committee of the Council decided to reiterate earlier decision to return the application recommending disapproval of the scheme for establishment of New Medical College at Jabalpur, Madhya Pradesh by Gyanjeet Sewa Mission Trust, Jabalpur , Madhya Pradesh u/s 10A of the IMC Act, 1956 for the academic year 2015-16 as the qualifying criterion 3(2)(4) of Establishment of Medical College Regulations, 1999 is not fulfilled and since there is no provision u/s 10A of the Indian Medical Council Act, 1956 or the Regulations framed therein to keep the Writ Petition No.7915/2015 10 application pending in the Council office for the next academic year."
5. On the basis of the said decision of the Executive Committee, intimation was sent to the Central Government. The Central Government vide communication dated 07.04.2015 (Annexure P-17) informed the petitioner Trust that hearing on the scheme submitted by the petitioner would take place on 10.04.2015 at the stated address. The petitioner-Trust submitted its response during the said hearing. After considering the response and explanation given by the petitioner-Trust, the Central Government vide communication dated 17.04.2015 (Annexure P-19), informed the Medical Council of India to give one last opportunity to the petitioner-Trust to furnish the required documents from the newly established University.
6. The petitioner-Trust could succeed in getting the consent of affiliation from the M.P. Medical Science University on 25.04.2015 (Annexure P-20), which was duly submitted to the Council.
7. On 27.04.2015, the Central Government vide communication issued under the signature of Under Secretary, wrote to the President of Medical Council of India to process the Writ Petition No.7915/2015 11 recommendation in the light of consent of affiliation submitted by the petitioner-Trust. Accordingly, in the meeting of the Executive Committee of respondent No.2 - Council dated 29th April, 2015, the scheme of the petitioner-Trust was considered and decision was taken to reiterate the negative recommendation given on the earlier occasion by the Council. The minutes of the said meeting reads thus :-
120. Establishment of New Medical College at Jabalpur, Madhya Pradesh by Gyanjeet Sewa Mission Trust, Jabalpur , Madhya Pradesh u/s 10A of the IMC Act, 1956 for the academic year 2015-16.
Read: the matter with regard to establishment of New Medical College at Jabalpur, Madhya Pradesh by Gyanjeet Sewa Mission Trust, Jabalpur , Madhya Pradesh u/s 10A of the IMC Act, 1956 for the academic year 2015-16.
No. Stage of processing Last Date
From 1st August to 31st
August (both days
1. Receipt of applications by the Central Govt. inclusive)
Receipt of application by the MCI from Central
2. Govt. 30th September Recommendation of Medical Council of India to
3. Central Government for issue of Letter of Intent. 15th December Issue of Letter of Intent by the Central
4. Government 15th January Receipt of reply from the applicant by the Central Government requesting for Letter of
5. Permission 15th Febraury Receipt of Letter from Central Government by the Medical Council of India for consideration
6. for issue 1st March.
of Letter of Permission.
7. Recommendation of Medical Council of India to 15th May Central Government for issue of India to Central Government for issue of Letter of Permission. Writ Petition No.7915/2015 12
8. Issue of Letter of Permission by the Central 15th June Government.
It was further observed by the Committee that as has been incorporated in earlier decision, these Regulations being Statutory Regulations are mandatory and binding in character and are required to be strictly adhered to by all the authorities. The operative part of the order of Hon'ble Supreme Court in Mridul Dhar's case is as under:
"1-13. ........................................................
14.Time schedule for establishment of new college or to increase intake in existing college, shall be adhered to strictly by all concerned.
15.Time schedule provided in Regulations shall be strictly adhered to by all concerned failing which defaulting party would be liable to be personally proceeded with."
The relevant operative part of the order of Hon'ble Supreme court in Priya Gupta's case is as under:
30. Thus, the need of the hour is that binding dicta be prescribed and statutory regulations be enforced, so that all concerned are mandatorily required to implement the time schedule in its true spirit and substance. It is difficult and not even advisable to keep some windows open to meet a particular situation of exception, as it may pose impediments to the smooth implementation of laws and defeat the very object of the scheme. These schedules have been prescribed upon serious consideration by all concerned. They are to be applied stricto sensu and cannot be moulded to suit the convenience of some economic or other interest of any institution, especially, in a manner that is bound to result in compromise of the above- stated principles. Keeping in view the contemptuous conduct of the relevant stakeholders, their cannonade on the rule of merit compels us to state, with precision and esemplastically, the action that is necessary to ameliorate the process of selection.
Thus, we issue the following
vi) All admissions through any of the stated selection processes have to be effected only after Writ Petition No.7915/2015 13 due publicity and in consonance with the directions issued by this Court. We vehemently deprecate the practice of giving admissions on 30th September of the academic year. In fact, that is the date by which, in exceptional circumstances, a candidate duly selected as per the prescribed selection process is to join the academic course of MBBS/BDS. Under the directions of this Court, second counseling should be the final counseling, as this Court has already held in the case of Ms. Neelu Arora & Anr. v. UOI & Ors. [(2003) 3 SCC 366] and third counseling is not contemplated or permitted under the entire process of selection/grant of admission to these professional courses.
vii) If any seats remain vacant or are surrendered from All India Quota, they should positively be allotted and admission granted strictly as per the merit by 15th September of the relevant year and not by holding an extended counseling. The remaining time will be limited to the filling up of the vacant seats resulting from exceptional circumstances or surrender of seats. All candidates should join the academic courses by 30th September of the academic year.
viii) No college may grant admissions without duly advertising the vacancies available and by publicizing the same through the internet, newspaper, on the notice board of the respective feeder schools and colleges, etc. Every effort has to be made by all concerned to ensure that the admissions are given on merit and after due publicity and not in a manner which is ex-facie arbitrary and casts the shadow of favouritism.
ix)The admissions to all government colleges have to be on merit obtained in the entrance examination conducted by the nominated authority, while in the case of private colleges, the colleges should choose their option by 30th April of the relevant year, as to whether they wish to grant admission on the basis of the merit obtained in the test conducted by the nominated State authority or they wish to follow the merit list/rank obtained by the candidates in the competitive examination collectively held by the nominated agency for the private colleges. The option exercised by 30th April shall not be subject to change. This choice should also be given by the colleges which are anticipating grant of recognition, in compliance with the date Writ Petition No.7915/2015 14 specified in these directions.
31. All these directions shall be complied with by all concerned, including Union of India, Medical Council of India, Dental Council of India, State Governments, Universities and medical and dental colleges and the management of the respective universities or dental and medical colleges. Any default in compliance with these conditions or attempt to overreach these directions shall, without fail, invite the following consequences and penal actions:-
a) Every body, officer or authority who disobeys or avoids or fails to strictly comply with these directions stricto sensu shall be liable for action under the provisions of the Contempt of Courts Act.
Liberty is granted to any interested party to take out the contempt proceedings before the High Court having jurisdiction over such Institution/State, etc. respective states, immediately after each counseling.
h) No college shall fill up its seats in any other manner.
The Committee further observed that no clarification has yet been received in the office of Council with regard to two letters being issued with same date and outward number from Rani DurgavatiUniversity, Jabalpur. Its response dated19/02/2015 merely states that all matters regarding affiliation would be dealt by M.P. Medical University, Jabalpur without really giving any clarification about two letters bearing same date & outward number.
In view of above, the Executive Committee of the Council decided to reiterate earlier decision to return the application recommending disapproval of the scheme for establishment of New Medical College at Jabalpur, Madhya Pradesh by Gyanjeet Sewa Mission Trust, Jabalpur , Madhya Pradesh u/s 10A of the IMC Act, 1956 for the academic year 2015-16 as the qualifying criterion 3(2)(4) of Establishment of Medical College Regulations, 1999 is not fulfilled and since there is no provision u/s 10A of the Indian Medical Council Act, 1956 or the Regulations framed therein to keep the application pending in the Council office for the next academic year."
Writ Petition No.7915/201515
8. This decision of the Executive Committee is the subject matter of challenge in the present petition. On the basis of this decision the Medical Council respondent No.2 under the signature of Section Officer dated 11.05.2015 communicated negative recommendation to the Secretary Ministry of Health and Family Welfare, Government of India, qua the petitioner- Trust, which reads thus:-
"No.MCI-34(41)(E-64)/2014-Med./106550 Dt. 11.05.2015 The Secretary, Govt. of India, Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi -110011 .
Sub : Establishment of New Medical College at Jabalpur, Madhya Pradesh by Gyanjeet Sewa Mission Trust, Jabalpur , Madhya Pradesh u/s 10A of the IMC Act, 1956 for the academic year 2015-16.
Sir, Please refer to your letter No.U121012/1057/2015-ME (P-II) (Part-I), dated 17.04.2015 and letter dated 27.04.2015, on the subject noted above.
I am directed to inform you that the matter with regard to grant of letter of Intent/Letter of permission for Establishment of New Medical College at Jabalpur, Madhya Pradesh by Gyanjeet Sewa Mission Trust, Jabalpur , Madhya Pradesh u/s 10A of the IMC Act, 1956 for the academic year 2015-16 was reconsidered by the Executive Committee of the Council at its meeting held on 29.04.2015 and it was decided as under :
The Executive Committee of the Council perused the communications from the Central Government dated 17.04.2015 and 27.04.2015 along with documents submitted by the applicant and observed that the Consent of Affiliation has been issued by M.P.Medical Univesrity only 25.04.2015 - i.e. long after last date of submission of application i.e. 30.08.2014 completed in all respects.
The Committee further observed that time schedule prescribed under Establishment of Medical College Regulations, 1999 is as under :-
.............................1 Yours faithfully, 1 [Reproduced in Paragraph 7 at Page 11] Writ Petition No.7915/2015 16 (S.Savitha) Section Officer"
Even this communication of the Medical Council is the subject matter of challenge in this petition.
9. According to the petitioner, as the petitioner had already complied with all other requirements, except submitting the consent of affiliation of the M.P. Medical Science University due to reasons beyond the control of the petitioner and inspite of the best efforts made by the petitioner from time to time for obtaining the same and that even this was duly submitted to the Council before the impugned decision was taken by the Council, in the light of the dictum of the Supreme Court in the case of Royal Medical Trust Vs. Union of India and others 2, the decision of the Council to send negative recommendation is untenable in law. According to the petitioner, the fact situation of the present case and the case decided by the Supreme Court was more or less similar. The Supreme Court negatived the hyper-technical approach of the Authority after due consideration of its earlier decision in the case of Mridhul Dhar Vs. Union of India3 and Priya Gupta Vs. State of 2 2013 (12) Scale 145 3 (2005) 2 SCC 65 Writ Petition No.7915/2015 17 Chhattisgarh4, and held as follows :
"12.In the instant case, the appellant mindful of the aforesaid directions of this Court had applied in due time adhering to the statutory timelines. Its application in terms of necessary documents was in fact complete but for the Affiliation Certificate from KUHS which was awaited by the appellant even after several reminders for its issuance to KUHS pressing upon the urgency of the matter. Since the appellant was not at fault but constrained due to delay on part of KUCH, the Council was expected to have appropriately considered the facts and circumstances of the case pleaded by the appellant and thereafter, reached a conclusion one way or the other on its merits instead of functioning in such mechanical manner by rejecting the application filed by the appellant and, thereafter, forwarding it to the Central Government with its adverse recommendations. In our considered opinion, this aspect of the matter ought to have been noticed by the Writ Court in Writ Petition as well as the Writ Appeal. Since that has not been done, in our considered view, we cannot sustain the impugned judgment and order passed by the High Court.
13. Accordingly, while allowing the appeal, we direct the Council to register the application for the academic year 2013-2014 and thereafter, proceed with the matter on its merits in accordance with Act and Rules thereto within 15 days time from today. The higher authority, after receipt of the recommendations made by the Council, will act upon such recommendations and pass appropriate orders in accordance with law as expeditiously as possible, at any rate within a month's time from today."
10. It is, therefore, submitted that the respondents be directed to process the application of the petitioner for establishment of new Medical College for the academic year 2015-16 whilst 4 (2012) 7 SCC 433 Writ Petition No.7915/2015 18 condoning the submission of the consent of affiliation in April, 2015. As a matter of fact, even the respondent No.1 in its communication dated 27.04.2015 (Anneuxre P-21) had advised the respondent No.2 Council to afford one last opportunity to the petitioner - Trust to furnish the required document and since the petitioner had done that immediately after receipt of consent of affiliation on 25.04.2015, the Executive Committee should have considered the case of the petitioner favourably.
11. The respondents, in particular, Medical Council has opposed this petition mainly on the assertion that the submission of document was not within time. Hence, no error has been committed by the Executive Committee in reiterating its earlier negative recommendation in its meeting held on 29.04.2015 and to communicate that position to the Central Government. In support of this submission, emphasis is placed by the respondents on the decisions of the Supreme Court which have stipulated strict time frame for compliance as mentioned in the minutes of the Executive Committee of the Council.
12. Having considered the rival submissions, the core issue that arises for consideration is: whether in the peculiar facts of Writ Petition No.7915/2015 19 the present case, MCI was justified in sending negative recommendation to the Central Government on the ground of non-submission of the consent of affiliation by the petitioner within the prescribed time? Inasmuch as, the factum of discrepancies in the two communications issued by Rani Durgavati University, that reason cannot be cited as a ground to submit negative recommendation to the Central Government. For, the College will be now governed by the newly established M.P. Medical Science University. The petitioner-Trust had finally succeeded in obtaining the consent of affiliation from the new University after fervent efforts. Even the Central Government was inclined to think that the petitioner-Trust must get one last opportunity to furnish the same, as is evident from its letter dated 27.04.2015 (Annexure P-21).
13. In our opinion, the Executive Committee of the Council ought to have taken holistic approach in the matter and not lightly brush aside the spirit of the recommendation made by the Central Government - which indeed was in consonance with the dictum of the Supreme Court in Royal Medical Trust (supra).
14. As aforesaid, the discrepancy arising out of the two letters Writ Petition No.7915/2015 20 issued by the Rani Durgavati University, which, admittedly, was competent to issue those letters at the relevant point of time, ought to have been ignored or overlooked by the MCI after the consent of affiliation was issued by the M.P. Medical Science University. The petitioner having submitted the consent of affiliation issued by M.P. Medical Science University, soon after its receipt on 25.04.2015 and before the meeting of the Executive Committee was held on 29.04.2015; coupled with the opinion expressed by the Central Government in its letter dated 27.04.2015, the Executive Committee of the Council should have considered the scheme appropriately as having been submitted in time, keeping in mind the exposition of the Supreme Court in the case of Royal Medical Trust (supra). That decision applies on all fours to the fact situation of the present case. Therefore, we have no hesitation in observing that the impugned recommendation sent by the Medical Council after remand, cannot be sustained in law.
15. As a result, the impugned decision dated 29.04.2015 of the Executive Committee of the Council as also the communication Writ Petition No.7915/2015 21 forwarded by the respondent No.2 to the Central Government, deserves to be quashed and set aside. Instead, the respondent No.2 should reconsider the said scheme and submit its fresh recommendation in Form No.4 to the Central Government on the proposal for establishment of a new medical college at Jabalpur submitted by the petitioner-Trust.
16. The question as to whether such direction can be issued, has been elaborately dealt with in the companion case decided today, bearing Writ Petition No.7521/2015. For the same reasons, to do complete justice -ex debito justitiae, we have no hesitation in issuing direction to the respondent No.2 - Council as also the Central Government, to process the Scheme submitted by the petitioner-Trust for establishment of a new medical college at Jabalpur and to take final decision in the matter one way or the other in accordance with law, expeditiously, and in case before the commencement of admission process for academic year 2015-16 after declaration of results of the entrance examination scheduled on 15.07.2015 and are being conducted as per the direction given in the case of Writ Petition No.7915/2015 22 Tanvi Sarwal Vs. Central Board of Secondary Education and others by the Supreme Court in Writ Petition No.(Civil) 298/2015 decided on 15.06.2015.
17. We may not be understood to have expressed any opinion either way on any other issue which may be germane for the consideration of the subject scheme. The same will have to be decided by the concerned Authorities on its own merits, in accordance with law.
18. To complete the record, we may now advert to I.A.No.5610/2015 - intervention application filed on 10.06.2015. According to the interventionist, there is dispute between the petitioner-Trust and the interventionist with regard to the land on which the petitioner-Trust intends to start the new Medical College. In our opinion, that issue cannot be resolved in the present proceedings. The interventionist must take recourse to appropriate remedy, including, is at liberty to bring that factual position to the notice of the Authorities considering the proposal of petitioner-Trust for establishment of a new medical college. If those facts are relevant and if found to have bearing Writ Petition No.7915/2015 23 on the issue of approval or disapproval of the proposal may be examined by the concerned Authority on its own merits in accordance with law. We may not be understood to have expressed any opinion on those issues either way. The interventionist is free to submit his representation to the Authorities within three days from today (as MCI is being directed to take decision expeditiously, preferably within one week), which if filed within that time, may be considered by the Authorities in accordance with law. Besides this, nothing more is required to be said in this application. Intervention application is disposed of accordingly with liberty to the applicant as aforestated.
19. For the aforesaid reasons, we allow this writ petition on the above terms, with no orders as to costs. The impugned decision of the Executive Committee of the respondent No.2 - Council dated 29.04.2015 (Annexure P-22) and the communication issued by the Council under the signature of Section Officer dated 11.05.2015 (Annexure P-26) are quashed and set aside. Instead, the respondent - Council is directed to reconsider the scheme for establishment of a new medical Writ Petition No.7915/2015 24 college submitted by the petitioner - Trust on all other issues; and forward its appropriate recommendation, expeditiously, preferably within one week, so that the Central Government may be in a position to take appropriate decision in the matter before the admission process for academic year 2015-16 commences on the basis of entrance examination to be held on 15.07.2015.
20. We order accordingly.
(A.M. Khanwilkar) (K.K.Trivedi)
Chief Justice Judge
Anchal/AM.