Supreme Court - Daily Orders
Medical Council Of India vs Rkdf Medical College Hospital And ... on 22 September, 2015
Bench: M.Y. Eqbal, C. Nagappan
ITEM NO.3 COURT NO.10 SECTION IVA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 19513/2015
(Arising out of impugned final judgment and order dated 01/07/2015
in WP No. 7521/2015 passed by the High Court Of M.P At Jabalpur)
MEDICAL COUNCIL OF INDIA Petitioner(s)
VERSUS
RKDF MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE
AND ORS. Respondent(s)
(With appln.(s) for exemption from filing C/C of the impugned order
and interim relief and office report)
Date : 22/09/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE M.Y. EQBAL
HON'BLE MR. JUSTICE C. NAGAPPAN
For Petitioner(s)
Mr. Vikas Singh, Sr.Adv.
Mr. Gaurav Sharma,Adv.
Mr. Prateek Bhatia, Adv.
For Respondent(s)
Mr. Dushyant Dave, Sr.Adv.
Mr. A. Sharan, Sr.Adv.
Mr. Nidhesh Gupta, sr.Adv.
Mr. Amalpushp Shroti,Adv.
For UOI Ms. Pinky Anand, ASG
M/o Health Mr. Mohan Prasad Gupta, adv.
Mr. Ajay Sharma, Adv.
Mr. R.S. Nagar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
This special leave petition is dismissed in terms of the signed order.
The question of law is kept open with liberty to the respondents to approach the Court if the decision goes against Signature Not Verified them.
Digitally signed by Sukhbir Paul Kaur Date: 2015.09.22 18:21:08 IST Reason: [INDU POKHRIYAL] [SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S.
(Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION(CIVIL)NO.19513 OF 2015 MEDICAL COUNCIL OF INDIA Petitioner(s) Versus RKDF MEDICAL COLLEGE HOSPITAL AND RESEARCH Respondent(s) CENTRE AND OTHERS O R D E R Aggrieved by the judgment and order dated 1.7.2015, the petitioner-Medical Council of India (in short 'the MCI') filed this special leave petition. By the impugned order, the High Court had directed the petitioner-MCI to forward its recommendations to the Central Government as expeditiously and preferably within one week from the date of the judgment to enable the Central Government to process the same and take a final decision before the process of admission to medical course for the academic year 2015-2016 which commenced after the declaration of examination results of entrance examination scheduled on 15th July, 2015.
It appears that the Respondent No.1 was given permission by the petitioner to establish a new medical college at Bhopal on 9.7.2014. The respondent applied for grant of permission for the academic year 2015-2016 after the first batch -2- commenced in July, 2014. However, negative report was submitted by the petitioner on 5.3.2015 against which a representation was filed. Consequently, the Central Government referred back the matter to the petitioner-MCI for further inspection.
In this way, the matter remained pending. Ultimately, the dispute came before the High Court. The Division Bench of the High Court presided over by the Hon'ble Chief Justice passed a detailed judgment in 55 pages and finally held that the respondent-Institution must be inspected forthwith. Accordingly, a direction was issued to the petitioner to make inspection and forward a report to the Central Government within two weeks from the date of the judgment i.e. by 15th July, 2015. The High Court's direction was not complied with by the petitioner-MCI and instead the petitioner moved this Court by filing the instant special leave petition.
However, the matter was heard at the admission stage and the direction of the High Court was stayed by fixing a specific date for hearing of the matter.
On 8.9.2015, the matter was heard at length and the following order was passed :-
“In the facts and circumstances of the case, before we finally decide this petition, the petitioner-Medical Council of India (MCI) is directed to comply with the directions given in the impugned order by the High Court, by making an inspection of respondent No.1-medical College and to -3- submit its report in a sealed cover on or before 21.9.2015 in this Court.
List the matter again on 22.9.2015.
In the meanwhile, the Registry is directed to issue notice to Dr. Paresh Ruparel, who is working as Consultant – Diabetic Foot Care and Gangrene Specialist Surgeon, V.S. Hospital, Ahmedabad, by usual mode as well as through his E-mail which is given as under :
E-mail : [email protected] We once again direct Dr. Paresh Ruparel to appear in person before this Court on 22.9.2015 and to file necessary affidavit.
Let fresh notice be served upon the unserved respondents.
Dasti, in addition, is also permitted. Learned counsel for the petitioner-MCI shall communicate this order to the Standing Counsel for respondent No.2 – Union of India so that Union of India must file its affidavit on or before 22.9.2015.
In the meantime, the parties shall file their respective written submissions, if any.” From the aforesaid order it is made clear that the petitioner-MCI was directed by this Court also to make inspection of the respondent-College and submit report in a sealed cover on 21.9.2015. This order has also not been complied with.
Mr. Vikas Singh, learned senior counsel appearing for the MCI, however, assured this Court that by tomorrow, the 23rd September, 2015, the inspection shall be completed and the report shall be sent -4- to the Government by special messenger, which must reach by 24th September, 2015. The Government shall give hearing to the respondents on 26th September, 2015 and take a final decision by 28 th September, 2015.
In the peculiar facts of the case and sequence of developments and delay caused because of many reasons, the cut-off date fixed by 30th September, 2015 may be extended for ten (10) days.
For all these reasons, this special leave petition is dismissed.
The question of law is kept open with liberty to the respondents to approach the Court if the decision goes against them.
...................J. (M.Y. EQBAL) ...................J. (C. NAGAPPAN) New Delhi, September 22, 2015