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“MEDICAL COUNCIL OF INDIA No. MCI - 34(41)(E-46)/2013-Med. Dated: 26.08.2014 The Special Secretary (Health) to the Govt. of Himachal Pradesh., Department of Health & Family Welfare, Shimla – 171002.
Ref.: No.MCI-34(41)(E-46)/2013-Med./57586, Dated 14.02.2014.
No.MCI-34(41)(E-46)/2013-Med./59892-59893, Dated 26.02.2014 Sub.: Regarding Maharishi Markandeshwar Medical College & Hospital Kumarhatti, Distt. Solan, H.P. Sir, Please refer to your letter No.HFW-B(F)4-12/2013 dated 29.03.2014, on the subject noted above.
“MEDICAL COUNCIL OF INDIA MCI-No. 34(41)(E-46)/2013-Med./131542 Dated: 02.9.15 The Secretary Govt. of India, Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi-110011.
Sub.: Maharishi Markandeshwar Medical College & Hospital Kumarhatti, Distt. Solan – reg.
Sir, This is with reference to your letter No.U.12012/11/2013-ME(P-II) dated 10.07.2015 by which you have forwarded a copy of the D.O. letter dated 05.06.2015 received from Shri Kaul Singh Thakur, Hon’ble Health, revenue and Law Minister, Govt. of Himachal Pradesh relating to the issue of Maharishi Markandeshwar Medical College and Hospital, Kumarhatti, District Solan, Himachal Pradesh. The matter was examined by the Council Office on the basis of records furnished by the applicant Maharishi Markandeshwar University trust the applicant for the establishment of Maharishi Markandeshwar Medical College and Hospital, Kumarhatti, District Solan, Himachal Pradesh. In this regard, the Council has the following comments to offer:
“a) eligibility of students for admission;
conduct of examinations;
the manner in which the prescribed courses should be completed; and to see that the conditions imposed by the MCI are complied with.” The High Court held that the affiliating body must exercise its discretion fairly and transparently. Further, the functions of the affiliating body were complementary to the recognition to be given by the Medical Council of India and not in derogation thereof. The High Court then relied on the decisions of this Court in the case of Rajasthan Pradesh Vaidya Samiti, Sardarshahar and another Vs. Union of India and others[2] and in Bhartia Education Society and Another Vs. State of Himachal Pradesh and Others[3] for the purpose of differentiating between the scope of “recognition” and “affiliation”. The High Court noted that the purpose of affiliation is to enable and permit an institution to send students to participate in the public examination conducted by the examining body and secure the qualification for Degrees, Diplomas and Certificates. On the other hand, the purpose of recognition is to grant licence to start a course or training in the concerned stream of education. The High Court then relied on the decision in the case of State of Madhya Pradesh and Another Vs. Kumari Nivedita Jain and Others[4] which has delineated the powers conferred on the Medical Council of India under the MCI Act to empower it to make regulations for carrying out the purpose of that Act. The High Court then adverted to Section 7 of the Himachal Pradesh University Act, 1970 (for short “1970 Act”) and noted that that was a parent statute under which all the Universities in the State must be constituted. It then went on to observe thus:
“53. From the aforesaid detailed discussion, we are of the considered view that the provisions of the MCI Act identify the scope and extent of power which each of the State stakeholders, i.e. MCI, State Government, Affiliating Body or the University is expected to exercise. While the MCI has been assigned the paramount role of according recognition, the affiliation is best left to the State Government/University/examining body and, therefore, it is beyond the competence of the MCI or the Central Government to dictate terms to the State insofar as the question of grant of ‘affiliation’ is concerned or direct the State to affiliate a Medical College to a particular University. This is clearly beyond the powers conferred by the Constitution upon the Central Government or for that matter even the MCI. Even the College seeking affiliation is bound by the provisions of the Himachal Pradesh University Act, 1970, more particularly, the provisions contained in Section 7 thereof and cannot of its own claim any right of privilege to get affiliated to any University of its choice including petitioner No.2.