Madhya Pradesh High Court
Pt. Dr. Shivshaktilal Sharma Ayurvedic ... vs Union Of India Through The Under ... on 27 June, 2023
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari, Prakash Chandra Gupta
W.P. No.9048/2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 27th OF JUNE, 2023
WRIT PETITION NO.9048/2023
Between:-
Pt. Dr. SHIVSHAKTILAL SHARMA AYURVEDIC
COLLEGE AND HOSPITAL, RATLAM(RUN
BY :- NATIONAL MEDICAL COLLEGE
EDUCATIONAL TRUST, RATLAM) THROUGH
ITS DIRECTOR, DR. MUKESH GIRI GOSWAMI
S/O SHRI MANGUGIRI GOSWAMI ADDRESS:
AYUSH - GRAM, BANJALI SEJAVATA BYPASS,
BANJALI, RATLAM(M.P.)
....PETITIONER
(BY SHRI GOURAV CHHABRA, ADVOCATE FOR THE PETITIONER)
AND
1. UNION OF INDIA THROUGH THE UNDER-
SECRETARY, G.O.I., MINISTRY OF AYURVEDA
YOGA AND NATUROPATHY, UNANI SIDDHA
AND HOMEOPATHY(AYUSH), ADDRESS:(i)
AYUSH BHAWAN, B BLOCK, G.P.O. COMPLEX,
I.N.A., NEW DELHI.
2. NATIONAL COMMISSION FOR INDIAN
SYSTEM OF MEDICINE(N.C.I.S.M.)
THROUGH ITS CHAIRMAN, ADDRESS:
OFFICE 61-65, INDUSTRIAL AREA,
JANAKPURI, D-BLOCK, NEW-DELHI.
3. MEDICAL ASSESSMENT AND RATING
BOARD FOR INDIAN SYSTEM OF MEDICINE,
(N.C.I.S.M.) THROUGH ITS PRESIDENT
ADDRESS: OFFICE 61-65, INDUSTRIAL AREA,
W.P. No.9048/2023
JANAKPURI, D-BLOCK, NEW-DELHI.
4. NATIONAL COMMISSION FOR INDIAN
SYSTEM OF MEDICINE (N.C.I.S.M.),
THROUGHT ITS SECRETARY, ADDRESS:
OFFICE 61-65, INDUSTRIAL AREA,
JANAKPURI, D-BLOCK, NEW-DELHI.
5. STATE OF M.P. THROUGH PRINCIPAL
SECRETARY, DEPARTMENT OF A.Y.U.S.H.,
(M.P.) ADDRESS : VALLABH BHAWAN,
BHOPAL(M.P.)
6. DIRECTORATE OF AYURVEDA YOGA AND
NATUROPATHY, UNANI SIDDHA AND
HOMEOPATHY (A.Y.U.S.H.) THROUGH ITS
COMMISSIONER, ADDRESS: GROUND
FLOOR, D-WING, SATPURA BHAWAN,
BHOPAL(M.P.)
.....RESPONDENTS
((BY SHRI HIMANSHU JOSHI, LEARNED COUNSEL FOR THE RESPONDENT
NO.1/UNION OF INDIA)
(BY MS. SWATI UKHALE, LEARNED COUNSEL FOR THE RESPONDENT NOS.2, 3
AND 4.)
(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE STATE)
........................................................................................................
Reserved on : 25-04-2023
Pronounced on : 27-06-2023
......................................................................................................................
This Writ petition having been heard and reserved for orders, coming
on for pronouncement this day, Hon'ble Shri Justice Sushrut Arvind
Dharmadhikari passed the following :
ORDER
Heard finally, with the consent of both the parties.
2. The present writ petition under Article 226 of the Constitution of India has been filed challenging the Show Cause Notice dated 26/12/2022, W.P. No.9048/2023 Letter dated 12/01/2023, both issued by the respondent No.3 and order dated 15/02/2023 issued by the respondent No.4 whereby conditional permission for the student intake in the Academic Sessions 2022-2023 has been rejected.
3. The brief facts of the case are that the petitioner institution, being a a self-financed educational institution, run by a duly registered Trust i.e. National Medical College Educational Trust, Ratlam, has been provided educational services since the Year 2001 in Ratlam. The petitioner institute has been recognized by the Ministry of Ayurveda Yoga & Naturopathy, Unani Siddha and Homeopathy(AYUSH), Govt. of India i.e. the respondent No.1 and is affiliated with the Madhya Pradesh Medical Sciences University, Jabalpur(M.P.). The present petition has been preferred by the Director of the petitioner institute who is duly competent and authorized to file the present petition.
4. It is pertinent to mention that the Central Government i.e. respondent Nos.1 to 4 have been granting permission to the petitioner institute since last 23 years. Upon introduction of Indian Medicine Central Council(Requirements of Minimum Standard for under-graduate Ayurveda College and attached Hospitals) Regulations, 2016(in short ...."Regulations 2016), the petitioner institute had been granted conditional permission in accordance with the same uninterruptedly for past many years at length.
5. The respondent No.1 is the Ministry of AYUSH, G.O.I., respondent No.2 and 4 is the Commission formed under the provisions of National Commission for Indian System of Medicine Act, 2020. (in short .... "the Act of 2020"). The respondent No.3 is the autonomous Board constituted by the Central Government i.e., respondent No.1 in accordance with Regulation 59(2) of the Act of 2020 and respondent no.5 is the State W.P. No.9048/2023 operated department of A.Y.U.S.H. responsible for conducting counselings for taking students admissions in Ayurvedic Colleges across the State of Madhya Pradesh. Since the respondent Nos.1 to 5 are covered under the definition of State under Article 12 of the Constitution of India and amenable to the writ jurisdiction of this Court.
6. That, concisely, upon the enactment of the Act of 2020, the Indian Medicine Central Council Act, 1970 (here-in-after referred to as 'IMCC Act') was simultaneously repealed w.e.f. 11.06.2021. With effect from the said date, the Central Council of Indian Medicine (here-in-after referred to as 'CCIM"') constituted under Section 3(1) of the IMCC Act, 1970 has been dissolved. Consequently, the Central Government i.e. respondent No. 1 constituted the Autonomous Boards i.e. respondent No. 3, and the respondent No. 2 Commission (i.e National Commission for Indian System of Medicine) w.e.f. 11.06.2021. Moreover, as per Section 59(2) of the Act of 2020, the medical standards, requirements and other provisions of IMCC Act along with Rules and Regulations made thereunder shall continue to be in force and shall be operative until new standards or requirements are specified under this Act or the Rules and Regulations made thereunder. Further, it is also encompassed in the Act of 2020 that the provisions of concerned regulations which are inconsistent with the provisions of Act of 2020 shall not be applicable.
7. In view of the aforesaid, annual inspections of the petitioner institution was conducted by the respondent No.1 for conditional permission to the petitioner institution for intake capacity of 100 seats in Under Graduate (UG) and 18 seats in 3 Post Graduate (PG) courses in the subjects, namely, (i) Ayurved Samhita, Sanskrit and Siddhanta - 06 seats,
(ii) Panchkarma - 06 seats and (iii) Kayachikitsa- 06 seats, in accordance W.P. No.9048/2023 with the provisions of Indian Medicine Central Council Act, 1970 (I.M.C.C. Act) for the academic sessions 2015-2016 till 2019 - 2020 respectively, except for the academic session 2016-2017, wherein, instead of 18 seats, conditional permission for a total number of 12 seats in PG Course was granted by the respondent No. 1 to the petitioner institute.
8. Thereafter, the conditional permission was granted in the light of orders passed by the High Court of Delhi directing the Central Government to grant conditional permission to all the educational institutes for the academic session 2020-2021, including the present petitioner. Accordingly, the permission was granted. In Academic Sessions 2021-2022 also permission was granted to the petitioner.
9. Thereafter, for the purposes of grant of conditional permission to the petitioner institute for the Academic Session 2022-2023, annual inspections, normally only once every year, is conducted, but surprisingly this time, the respondent No.3 conducted inspections on two occasions. After the inspection was conducted, a show cause notice dated 26/12/2022 was issued to the petitioner institute pointing out 13 shortcomings under different heads as set out in the show cause and the same was communicated to the petitioner. The petitioner institute was directed to submit oral as well as written submissions before the designated hearing committee and also directed to appear before the Committee on 28.12.2022 to provide the clarifications.
10. Reply was filed by the petitioner institute and personal hearing was also attended and clarification furnished. The respondents without properly taking into consideration the oral as well as the written written submissions held that the petitioner institute were not fulfilling the notified and approved basic eligible criteria because of the shortcomings and rejected W.P. No.9048/2023 the conditional permission vide order dated 12/01/2023. Being aggrieved, the petitioner filed the first appeal on 13/01/2023 before the respondent No.3 under Section 24(3) of the Act of 2020. The first appeal came to be decided on 15/02/2023 rejecting the same. The observation recorded in the judgment of the first appeal is as under :-
a) The College has shown the demonstration room in the Herbal garden however the exact location of the same is not clear in the recording.
b) The College authorities has submitted Delivery register & Birth register for the year 2022. However, there is some discrepancy in the entries to be provided in Delivery register & Birth register as on date March 2021, April 2021, September 2021, January 2022, February 2022, May 2022, June the 2022 and July 2022. While verifying the details it was observed that the birth details of the entries that have been mentioned in Delivery register were found to be missing in the Birth register which clearly indicates that college is maintaining false and fabricated records. Also it is pertinent to mention that as per MSR-2016/Regulations 2016), a fully functional hospital is mandatory in every Ayurveda college, hence the submission of the college cannot be considered.
c) Even though the college authorities stated that they have made MOU with Pt. Khushilal Sharma. Government (Autonomous) Ayurveda College and Institute Bhopur regarding Quality Control Laboratory, they failed to submit documents for the same. Instead the College authorities submitted the request letter for the service of Quality Control Laboratory. As per section 10 (b) (vill) of MSR 2016 before the admission of the second batch of students, there shall be a Teaching Pharmacy (Rasayanashala) and quality Testing Laboratory attached to Department of Rasashastra evam Bhaishajya Kalpana. As Quality control laboratory for Rasa Shastra and Bhaishajya Kalpana is not available which is mandatory as per MSR 2016, submission of the college cannot be considered.
d) As per sub-section (4) of section 6 of PG regulation 2016 the institute shall have Central Research Laboratory for starting Post-Graduate Course. The College has shown the request letter to Pt. Khushilal Sharma Government (Autonomous) Ayurveda College and Institute Bhopal for W.P. No.9048/2023 Signing MOU regarding Central Research Laboratory and, it is observed that instead of Central Research Laboratory they have sent request for the service of Quality Control Laboratory. Therefore, the college is not fulfilling the criteria for having Central Research Laboratory as per PG regulation 2016 and the submission of the college cannot be considered.
11. Being aggrieved, the petitioner filed Second Appeal on 17/02/2023 under Section 9(6) of the Act of 2020 before the respondent No.1 explaining the defaults. The second appeal came to be decided by order dated 31/03/2023 and following shortcomings and observations of the respondent No.1 are as under :
Shortcomings:
1. In Rachna Sharir Dept. the condition of dissection hall and cadaver was pathetic and it was not maintained properly, foul smell and flies, insects are seen in the cadaver preservation tank.
2. As per the visitor report in the Central Library, book iissuing register is not available and they wrote it on that day book issues in single sheet of paper.
3. On the First day of visitation 11 teachers were present out of 69 teaching faculty and on the 2 nd day of visitation out of 69 teaching staff 50 were present and 19 were absent and no leave letters were provided to the visitors and some of the staff left the institution without information.
4. Non-teaching and hospital staff attendance register was not signed by anyone since August 2022 and out of 42 non-teaching staff, 35 were present and 07 were absent on the day of visitation and no Id card were provided to the staff and none of them had Id card and didn't show their AADHAR or any identity card issued by the Government.
5. Out of 223 Hospital staff, 148 were present and 75 were absent and no Id card was provided to them.
6. Registers like Central register, diet register, medicine dispensing register, stock register, linen register are not found.
7. In Register they have shown the patients, but physically no patients were available in the OPD.W.P. No.9048/2023
8. Case sheets not filled properly, no unique ID, OPD/IPD registration number, doctor name, signature, advice, diet chart was not mentioned in the case sheet. They haven't produced any single case sheets of discharged patients. All IPD patients absconded from hospital in front of visitor after they left from the hospital area.
9. In the OPD central register, patient's details were available only up to 3rd November, 2022. Then there were empty pages. The next patient entry was found directly on 16th November, 2022.
Observations of hearing committee (first appeal)
i) The committee asked the Principal, Dr. Pushpendra Pande, to show the Cadaver preservation tank and it is observed that it is clean and well maintained.
ii) The committee asked for the attendance register of all Staff; they showed it.
iii) Furthermore, the committee asked the college principal to submit the Attendance register of teaching and non-teaching staff, OP & IP Register and Medicine dispensing register, and the college authorities submitted all the documents.
Submission of the college during second appeal The college has not submitted any documents related to these shortcomings as they have already submitted relevant documents before the designated hearing committee during first appeal.
Observation of Central government during second appeal On examining the submission of the college during first appeal and observation of the hearing committee during first appeal, it is noted that the college has shown all relevant documents to the designated hearing committee (First Appeal) pertains to the aforesaid shortcomings. Further, these shortcomings are not reflected in the observation of the hearing committee during first appeal.
Short coming Herbarium-cum-demonstration hall in the medicinal plant garden is not available as per section 3(a) (iv) of MSR 2016.
Observation of hearing committee(First Appeal) The College has shown the Demonstration room in the Herbal garden however the exact location of the same is not clear in the recording.
W.P. No.9048/2023Grounds of Second Appeal and submission made by the college Herbarium cum Demonstration room at the herbal garden is available. Photo of the same is mailed on the day of Hearing. Even live online demonstration is also Shown to the hearing committee on the day of hearing and the same has been verified by the council visitors in the past all inspections. Kindly consider the facts. (Photo of same is attached herewith for your verification).
Observation of the Central Government On examining the document submitted by the college during Second Appeal, observation of hearing committee(First Appeal) and visitors' observation report, it is noted that the demonstration room in the herbal garden is not available as per the norms of relevant regulations. Further, the college has not submitted any relevant documentary evidences (except photograph) to substantiate their claim of having demonstration room in the herbal garden as per RMS, 2016. Thus does not fulfill the criterion.
Short coming Non availability of well-maintained Delivery register & Birth register.
Observation of hearing committee (First Appeal) The College authority has submitted Delivery register & Birth register for the year 2022. However, there is some discrepancy in the entries provided in Delivery register & Birth register as on date March 2021, April 2021, September 2021, January 2022, February 2022, May 2022, June 2022 and July 2022. While verifying the details it was observed that the birth details of the entries that have been mentioned in Delivery register were found to be missing in the Birth register which clearly indicates that college is maintaining false and fabricated records. Also it is pertinent to mention that as per MSR-2016, a fully functional hospital is mandatory in every Ayurveda college, hence the submission of the college cannot be considered.
Grounds of Second Appeal and submission made by the colleges No discrepancy is there in the entries provided in Delivery register & Birth register. They are totally cross tallied and verified by the principal, the same has been send to the hearing committee and mailed on the day of hearing. Kindly consider this fact also that our hospital is awarded W.P. No.9048/2023 for best healthcare services during covid-19 pandemic era. We are having almost 98.99% cure success rate of covid patients which can be easily verified from government portal. Our hospital is the only one private hospital that is having its own oxygen plant facility in the whole Ratlam District & Ujjain division. A copy of same is attached herewith.
Observation of the Central Government On examining the data provided by the college during first Appeal and Second appeal, it is observed that the College authority has submitted copy of Delivery register & Birth register for the assessment year, however that is not enough to substantiate their claim of having functional Labour Room during the assessment period. The Registers were not well-maintained in a systematic manner and not produced any documentary evidences such as Birth Certificate to process the functionality of Labour Room in the hospital. Thus the college is not fulfilling the criteria on functional labour Room as per RMS, 2016.
Short coming Quality control laboratory for Rasa Shastra and Bhaishajya Kalpana is not available as per section 10 (b)
(viii) of MSR 2016.
Observation of hearing committee (First Appeal). Even though the college authorities stated that they have made MOU with Pt. Khushilal Sharma Government (Autonomous) Ayurveda College and Institute Bhopal regarding Quality Control Laboratory, they failed to submit documents for the same. Instead the College authorities submitted the request letter for the service of Quality Control Laboratory. As per section 10 (b) (viii) of MSR 2016 before the admission of the second batch of students, there shall be a Teaching Pharmacy (Rasayanashala) and L quality Testing Laboratory attached to Department of Rasashastra evam Bhaishajya Kalpana. As Quality control laboratory for Rasashastra and Bhaishajya Kalpana is not available which is mandatory as per MSR 2016, submission of the college cannot be considered.
Grounds of Second Appeal and submission made by the college Quality Control Laboratory is available in the department of Rasashstra evam Bhaishjya Kalpana. As per MSR 2016, Since last 6 Years the quality control laboratory has been verified by the council visitors in previous all W.P. No.9048/2023 inspections.(Photo of same is attached herewith for your verification) Observations of the Central Government As per section 10 (b) (viii) of MSR 2016 there shall be a Teaching Pharmacy (Rasayanashala) and Quality Testing Laboratory attached to Department of Rasashastra evam Bhaishajya Kalpana with minimum area as specified in Shedule-II. The college has submitted their request dated 14.07.2022 to the principal Pt. Khushilal Sharma Govt. (Autonomous) Ayurveda College & Institute, Bhopal, Madhya Pradesh for signing MOU for the service of Quality Control Laboratory to claim the existence of functional Quality Testing Laboratory. However, the college has not submitted any relevant documentary evidences that showing the functionality of quality control laboratory in the department of Rasashastra evam Bhaishajya Kalpana; Therefore the existence of a functional quality control laboratory is doubtful. Teaching pharmacy and Quality Testing Laboratory are the inevitable part of department of Rasashastra evam Bhaishajya Kalpana. Lack of functional Quality Testing Laboratory makes doubts on functionality of the department of Rasashastra evam Bhaishajya Kalpana.
Short coming Central Research Laboratory is not available, as per section 6 subsection (4) of PG Regulation 2016.
Observation of hearing committee (First Appeal) As per sub-section (4) of section 6 of PG regulation 2016 the institute shall have Central Research Laboratory for starting Post-Graduate Course. The College has shown the request letter to Pt. Khushilal Sharma Government (Autonomous) Ayurveda College and Institute Bhopal for Signing MOU regarding Central Research Laboratory and, it is observed that instead of Central Research Laboratory they have sent request for the service of Quality Control Laboratory. Therefore, the college is not fulfilling the criteria for having Central Research Laboratory as per PG regulation 2016 and the submission of the college cannot be considered.
Grounds of Second Appeal and submission made by the college Central research laboratory is available in the college. During the hearing our principal has in the dilemma that the hearing committee has asked for the government approved central research laboratory so in W.P. No.9048/2023 addition to that we provided the MOU. Butthe fact is central research laboratory available in the college. As per MSR 2016, Since last 6 years the central research laboratory has been verified by the council visitors in previous all inspections. (Photo of same is attached herewith for your verification) Observation of the Central Government As per sub-section (4) of section 6 of PG Regulation 2016, the institute shall have Central Research Laboratory and Animal house for PG courses. Further Animal house shall be either owned or in collaboration.
The College has produced the consensus dated 24.02.2023 of the Government Ayurveda College, Ratlam, Madhya Pradesh regarding the students of pt. Shiv shaktilal Sharma Ayurved Mahavidyalaya, Madhya Pradesh can avail the facility of Central Research Laboratory of Government Ayurveda College, Ratlam, Madhya Pradesh. However, the aforesaid letter is not belongs to the assessment period. From the facts, it is observed that functional Central Research Laboratory was not available in the pt. Shiv shaktilal Sharma Ayurved Mahavidyalaya, Madhya|Pradesh during the assessment period. Thus, the college not fulfilled the criterion.
12. Learned counsel for the petitioner contended that the authorities did not consider the fact that proper explanation was put forth by the petitioner with regard to the discrepancies and without considering the same, the respondents have rejected the conditional permission. The orders passed are completely perverse, arbitrary and have been passed without application of mind, therefore, the orders impugned deserves to be set aside.
13. Per Contra, learned counsel appearing for the respondent Nos.2 to 4 vehemently denied the prayer and submitted that the petition deserves to be dismissed.
14. It was submitted by the respondents that the last cut of date of counseling for admission in Indian System of Medicine courses for Academic Session 2022-2023 was 04/03/2023, therefore, the present W.P. No.9048/2023 petition itself has rendered infructuous as the admission process for Academic Session 2022-2023 is already over. Further, the permission for the Academic Session 2022-2023 has been denied by the answering respondent No.3/Medical Assessment & Rating Board, because various shortcomings were found by the visitation committee, inter alia that the College has not maintained minimum standard prescribed by the Indian Medicine Central Council (Minimum Standard Requirements of Unani Colleges and attached hospital) Regulations, 2016.(In short ... Regulations 2016).
15. That it is further submitted that the Medical Assessment & Rating Board of NCISM inspected the petitioner college on hybrid mode on 26- 27.07.2022 and revisited on 16-17.11.2022 and after assessment, serious 5 shortcomings were found in the college. Further to follow the principle of natural justice, Petitioner College was given an opportunity of hearing by the Respondent No.3 on 28.12.2022. The petitioner college made its submission through its college representatives by virtual hearing against the shortcomings. However, the hearing committee found that the college was not fulfilling the basic eligibility criteria for UG (BAMS) course under relevant provision of NCISM Act for the academic session 2022-2023 and passed the said denial order dated 12.01.2023 on following shortcoming :-
(A) Herbarium-cum-demonstration hall in the medical plant garden is not available in the Herbal garden as per Section 3 (a)(iv) of MSR 2016.
(B) In Rachana Sharir department the condition of dissection hall and cadaver was pathetic and it was not maintained properly foul smell and flies, insects are seen in the cadaver preservation tank.
(C) Quality control laboratory for Rasa Shastra and Bhaishajya Kalpana not available.W.P. No.9048/2023
(D) Central library book issuing register is not available.
(E) Central Research laboratory is not available. (F) On the first day of visitation 11 teachers were present out of 69 teaching faculty and on the 2nd day of visitation out of 69 staff 50 present and 19 were absent and no leave letters were provided to the visitors and some of the staff left the institution without information.
(G) Non-teaching and hospital staff attendance register was not signed by anyone since August 2022 and out of 42 non-teaching staff, 35 were present and 07 were absent on the day of visitation and no ID card were provided to the staff and none of them had ID card and didn't show their AADHAR or any identity card issued by the Government.
(H) Out of 223 Hospital staff, 148 present and 75 were absent and no Identity Card was provided to the staff.
(I) Registers like Central register, diet register, medicine dispensing register, stock register and linen register are not found.
(J) In register the college has shown the patients, but physically no patients were available in the OPD.
(K) Case sheets not filed properly, no unique ID, OPD/IPD registration number, doctor name, signature, advice, diet chart was not mentioned in the case sheet. They haven't produced and single case sheets of discharged patients. All IPD patients absconded from hospital in front of visitor after they left from the hospital area.
(L) In the OPD central register, patient's details were available only up to 3rd November, 2022. Then there were empty pages.
The next patient's entry found directly on 16 th November 2022.
16. That allowing the Petitioner College to continue with the admission of the students is not only detrimental to the career and future of the students who would be subjected to a college, which is not only deficient on teaching staff, but also lacks a functional hospital. Without having a functional hospital, the Petitioner College will not be able to provide its students with practical knowledge of medicine and surgery and hence, W.P. No.9048/2023 will end up producing half-baked doctors, which will put the entire society at large on risk.
17. That, it is also submitted that similar issues with regard to the advisory role of Medical Council Act 1956 which is analogous to the IMCC Act 1970, was considered by the Hon'ble Supreme Court in."PC Kesava Kuttynayar vs Hraish Bhalla & Ors" JT 2003 (Suppl. 2) SC 186 (2003) 8 SCC 490 wherein it was held that in the field of medical education, it is necessary for medical college to comply with the requirement of the regulations framed by the Medical Council. The said ratio had earlier been covered even in "Medical Council of India vs. State of Karnataka & Ors. AIR 1998 SC 2423 relevant extracts of which are given as under:-
"It is the Medical Council which is primarily responsible for fixing standards of medical education and overseeing that these standards are maintained. It is the Medical Council which is the principal body to lay down conditions for recognition of medical colleges which would include the fixing of intake for admission to a medical college. We have already seen in the beginning of this judgment various provisions of the Medical Council Act. It is, therefore, the Medical Council which in effect grants recognition and also withdraws the same. Regulations. under Section 33 of the Medical Council Act, which were made in 1971, prescribe the accommodation in the college and its associated teaching hospitals and teaching and technical staff and equipment in various departments in the college and in the hospitals. These regulations are in considerable detail. Teacher-student ratio prescribed is 1 to 10, exclusive of the Professor or Head of the Department. Regulations further prescribe, apart from other things, that the number of teaching beds in the attached hospitals will have to be in the ratio of 7 beds per student admitted. Regulations of the Medical Council, which were approved by the Central Government in 1971, provide for the qualification requirements for appointments of persons to the posts of teachers and visiting physicians/surgeons of medical colleges and attached hospitals."W.P. No.9048/2023
18. That this court has persistently deprecated the practice of an educational institution admitting the students and to allow them to appear in the examinations without having requisite recognition and affiliation. This kind of infraction of law has been treated as of very high magnitude and of serious nature. Students of unrecognized institution cannot be legally be entitled to appear in any examinations conducted by any. government, university or board (vide Minor Sunil Oraon Through Guardian and ors. Vs C.B.S.E & Ors. AIR 2007 SC 458).
19. Heard learned counsel for the parties and perused the record.
20. Keeping in view the order passed by the respondent No.1 in the second appeal pointing out certain discrepancies which were not redressed/removed and in the light of the Apex Court judgments referred hereinabove, this Court is not inclined to disturb the findings of the second appellate authority respondent No.2.
21. Accordingly, this petition being bereft of merits and substance is hereby dismissed.
22. However, the petitioner would be at liberty to approach again seeking affiliation/fresh permission for grant of admission in accordance with law. No order as to costs.
(S.A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
pn
PREETHA HARI
Digitally signed by PREETHA HARI NAIR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb241b9ad4241 NAIR 6f404bb303, postalCode=452001, st=Madhya Pradesh, serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C5E65085178 B87CD8C85BA5B87CC, cn=PREETHA HARI NAIR Date: 2023.06.27 17:47:33 +05'30'