Delhi High Court - Orders
Radha Devi Jageshwari Memorial Medical ... vs National Medical Commission & Ors on 23 May, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~147
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8062/2022 & CM APPL. 24467/2022.
RADHA DEVI JAGESHWARI MEMORIAL MEDICAL
COLLEGE AND HOSPITAL ..... Petitioner
Through: Mr. Vikas Singh, Senior Advocate
with Mr. Abhijeet Kr. Pandey, Mr.
Kapish Seth and Ms. Priyanka,
Advocates.
versus
NATIONAL MEDICAL COMMISSION & ORS. ..... Respondents
Through: Mr. T. Singhdev, Mr. Bhanu Gulati,
Ms. Mischelle B. Das, Mr. Abhijit
Chakravarty and Ms. Sumangla
Swami, Advocates for R-1.
Ms. Geetanjali Shah, Advocate for R-
4.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 23.05.2022
1. Radha Devi Jageshwari Memorial Medical College and Hospital - Petitioner through its Principal Mr. Uday Kumar, invokes Article 226 of the Constitution of India, 1950 to seek the following prayers:
"(i) Issuance of an order, directions, or writ in the nature of Mandamus to quash the order dated 18.04.2022 passed by the Respondent No.2.
(ii) Issue of an order, directing the Respondent No.1 to 3 to take over the management of the Petitioner college in the alternative.
(iii) Pass any such other and further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the instant case."Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 8062/2022 Page 1 of 5 Signing Date:23.05.2022 23:51:44
2. Mr. Vikas Singh, Senior Counsel for the Petitioner, at the outset, on being confronted with the objections raised by Mr. T. Singhdev, counsel for Respondent No. 1 - National Medical Commission, regarding the maintainability of the present petition, states that firstly, Petitioner has made a disclosure qua the other petition which is pending adjudication before the High Court of Judicature at Patna.1 Nevertheless, Mr. Singh, without prejudice to his rights and contentions, has advanced submissions on merits of the dispute, which are as follows:
2.1. The order dated 18th April, 2022 passed by Respondent No. 2 -
Medical Assessment and Rating Board, impugned in the present petition is in the teeth of Section 28 of the National Medical Council Act, 2019 read with Section 26(1)(f) of the Act.
2.2. Reliance is also placed upon Section 21 of the General Clauses Act,1897 to submit that at the first instance, Petitioner ought to have been given an opportunity to rectify the deficiencies, on the basis whereof, the impugned order has been passed.
3. Having noted the above contentions, it must be observed that there are several other grounds which have been urged in the present petition, but are not required to be delved into for reasons stated hereinafter.
4. Mr. T. Singhdev, counsel for the Respondent No. 1 and Ms. Geetanjali Shah, counsel for the Respondent No. 4 - JM Institute of Speech and Hearing, strongly oppose the present petition and submit that Petitioner is indulging in 1 In W.P (C) No. 7058/2022 Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 8062/2022 Page 2 of 5 Signing Date:23.05.2022 23:51:44 forum shopping. They have already invoked the jurisdiction of the Patna High Court by way of the writ petition mentioned hereinabove, seeking reliefs identical to those sought in the present petition. Mr. Singhdev points out that the afore-said petition has been filed by the Treasurer of the Respondent No. 4-Society viz. Mr. Alok Kumar Srivastava. Mr. Singhdev emphasises that in the said petition, an application has been filed by President of Respondent No. 4-Society, accompanied by a resolution to claim that he is authorised to file the said petition. Besides the said petition, another petition has been filed by the affected students, also before the Patna High Court titled Shashwat & Anr. v. The Chairman National Medical Commission, wherein the following order has been passed:2 "The case is being taken up from defect side.
Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today.
Learned counsel appearing for the National Medical College Commission states that a letter has been sent to the State Government for adjusting the students, who were admitted in the College namely Radha Devi Jageshwari Memorial Medical College and Hospital. Letter of permission of the said College has been withdrawn vide order dated 18th April, 2022. Letter has been sent to the State Government on 16.05.2022.
Let, learned counsel for the N.M.C file a short counter affidavit giving out the details as to the proposal of distribution of the sheets for the said students in the various Medical colleges. The affidavit shall be filed within a period of 10 days henceforth.
Learned counsel for the N.M.C. also submits that they had asked the State Government not to make admissions in the said College. In spite thereto, admissions have been done in April, 2022.
2 In W.P (C) No. 7426/2022, vide order dated 19th May, 2022.
Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 8062/2022 Page 3 of 5 Signing Date:23.05.2022 23:51:44Let, learned counsel for the State Government shall file short reply within a period of 10 days.
List this case before the Appropriate Bench on 31 st May, 2022."
5. Responding to the above-noted objection, Mr. Singh explains that the instant petition is at Petitioner's instance, whereas the one pending consideration before the Patna High Court has been filed by Respondent No. 4-Society.
6. It manifests that there is a dispute between the two above-noted factions qua management of Petitioner. That said, the reliefs sought in the instant petition are indeed identical to those which are prayed before the Patna High Court. Therefore, clearly the Patna High Court is already seized with the subject-matter and is inter alia examining the legality of the order dated 18 th April, 2022 passed by Respondent No. 2. Therefore, in order to avoid multiplicity of proceedings, in the opinion of the Court, if Petitioner has any grievance, it should approach the Patna High Court. This is also necessary, keeping in view the interim order passed in the above-stated writ petition filed by the students.
7. In view of the above, the Court is not inclined to entertain the present petition. However, it is made clear that Petitioner shall have full liberty to file appropriate proceedings before the Patna High Court raising all grievances, including those which are noted hereinabove and raised in the present petition. It is also clarified that the question whether Petitioner has an independent right to file a petition or not, is left open to be considered by the Patna High Court, if and when Petitioner institutes appropriate proceedings before the said Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 8062/2022 Page 4 of 5 Signing Date:23.05.2022 23:51:44 Court.
8. With the above terms, the present petition is disposed of. It is clarified that the Court has not expressed any view on the contentions urged by the Petitioner.
9. A copy of this order be given dasti under the signatures of the Court Master.
SANJEEV NARULA, J MAY 23, 2022 as Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 8062/2022 Page 5 of 5 Signing Date:23.05.2022 23:51:44