Delhi High Court
Guru Ram Rai Institute Of Medical & ... vs Union Of India & Anr on 21 March, 2016
Author: Manmohan
Bench: Manmohan
$~44 & 52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2422/2016 & C.M.Nos.10362-10364/2016
GURU RAM RAI INSTITUTE OF MEDICAL & HEALTH
SCIENCES ..... Petitioner
Through Ms.Bina Madhavan with
Mr.Mrityunjai Singh, Advocates.
versus
UNION OF INDIA & ANR ..... Respondents
Through Ms.Monika Arora, CGSC with
Mr.Gaurav Rohilla, Advocate for R-
1/UOI.
Mr.T.Singhdev with Ms.Biakthan
Sangi, Advocates for R-2/MCI.
AND
+ W.P.(C) 2460/2016 & C.M.Nos.10501-10503/2016
SHRI GURU RAM RAI INSTITUTE OF MEDICAL & HEALTH
SCIENCES & ANR ..... Petitioners
Through Ms.Bina Madhavan with
Mr.Mrityunjai Singh, Advocates.
versus
UNION OF INDIA & ANR ..... Respondents
Through Ms.Monika Arora, CGSC with
Mr.Gaurav Rohilla, Advocate for R-
1/UOI.
W.P.(C) 2422 & 2460 of 2016 Page 1 of 4
Mr.T.Singhdev with Ms.Biakthan
Sangi, Advocates for R-2/MCI.
% Date of Decision: 21st March, 2016.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present batch of writ petitions has been filed challenging the order dated 19th February, 2016 issued by respondent no. 1, whereby petitioner- Institute's applications for increase of seats for PG course of MS (ENT), and for starting post-graduate course of MS (OBG) for the Academic Year 2016-17 were disapproved on the basis of negative recommendation by the respondent no.2-MCI.
2. Petitioners also challenge the communication dated 27th January, 2016, whereby deficiencies were pointed out in the petitioner-institute. Petitioners also seek to direct the respondent no. 1 to re-consider petitioners' applications dated 22nd April, 2015 and 28th April, 2015.
3. It has been averred in the petitions that the petitioners vide letter dated 22nd April, 2015 sought increase of number of post- graduate seats in MS (ENT) and vide letter dated 28th April, 2015 sought starting post-graduate course of MS (OBG).
4. In the writ petitions, it is stated that in pursuance to the aforesaid letter, assessors of respondent no. 2-MCI conducted inspections in September, 2015. Respondent no.2-MCI pointed out deficiencies to the W.P.(C) 2422 & 2460 of 2016 Page 2 of 4 petitioner-institute, who in turn, submitted compliance reports in November, 2015 giving detailed replies to each and every deficiency pointed out.
5. Learned counsel for the petitioners states that respondent no.2-MCI conducted compliance verification inspection in December, 2015 and pointed out further deficiencies which have been communicated vide letter ated 27th January, 2016.
6. On the other hand, Mr.T.Singhdev, learned counsel for respondent no.2-MCI states that the present writ petitions are not maintainable as the last date for issuance of letter of permission by the Central Government was 28th February, 2016.
7. In support of his contention, he has referred to the judgment and order dated 18th January, 2016 passed by the Apex Court in Ashish Ranjan & Ors. Vs. Union of India & Ors. in W.P.(C) No.76/2015.
8. The time schedule incorporated in the said order is reproduced hereinbelow:-
"TIME SCHEDULE FOR RECEIPT OF THE APPLICATIONS OF POST GRADUATE (BORAD SPECIALITY) COURSES/INCREASE OF ADMISSION CAPACITY AND PROCESSING OF THE APPLICATIONS BY THE CENTRAL GOVERNMENT AND MEDICAL COUNCIL OF INDIA.
S. State of processing Last Date
No
1. Receipt of applications by the Central Between 15th
Government. March to 7th
April (both days
inclusive of any
year)
2. Forwarding application by the Central By 15th April Government to Medical Council of India.
3. Technical scrutiny, assessment and By 30th W.P.(C) 2422 & 2460 of 2016 Page 3 of 4 Recommendations of Letter of September Permission by the Medical Council of India.
4. Receipt of reply/compliance from the Two months from applicant by the Central Government receipt of and for personal hearing thereto, if any recommendation and forwarding of compliance by the from MCI but not Central Government to the Medical beyond 15th Council of India. November
5. Final recommendations for the Letter By 31st January of Permission by the Medical Council of India.
6. Issue of Letter of Permission by the By 28th February Central Government.
9. Keeping in view the aforesaid time schedule, it is apparent that the last date of issuance of letter of permission by the Central Government has expired on 28th February, 2016.
10. Consequently, this Court is of the view that no relief can be granted to the petitioners in the present batch of petitions. Accordingly the present writ petitions along with the applications are dismissed, but no order as to costs.
MANMOHAN, J MARCH 21, 2016 KA W.P.(C) 2422 & 2460 of 2016 Page 4 of 4