IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 13607 of 2011(A) --------------------------------------- PETITIONER(S): ------------------------ THE ACADEMY OF MEDICAL SCIENCES, S.NO.503/1993, PARIYARAM, KANNUR DISTRICT, REPRESENTED BY ITS PRINCIPAL. BY ADVS. SRI.P.V.SURENDRANATH SRI.B.S.SYAMANTHAK SMT.BINDUMOL JOSEPH RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO MINISTRY FOR HEALTH & FAMILY WELFARE, GOVERNMENT OF INDIA, CENTRAL SECRETARIAT, NIRMAN BHAVAN, NEW DELHI-1. 2. MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR-8, DWARAKA PHASE-1, NEW DELHI-110 077. 3. BOARD OF GOVERNORS, MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS CHAIRMAN, POCKET-14, SECTOR-8, DWARAKA PHASE-1, NEW DELHI-110 077. R2 & R3 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI SRI.P.PARAMESWARAN NAIR, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.13607/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AFORESAID PUBLIC NOTICE ISSUED BY THE RESPONDENTS 2 & 3 EXTENDING THE LAST DATE FOR RECEIVING APPLICATION DATED 30/11/2010. P2 COPY OF THE APPLICATION FOR INCREASE OF SEATS IN MD GENERAL MEDICINE. P3 COPY OF THE APPLICATION FOR INCREASE OF SEATS IN MD-PEDIATRIC. P4 COPY OF THE APPLICATION FOR INCREASE OF SEATS IN MD-DERMATOLOGY. P5 COPY OF THE APPLICATION FOR INCREASE OF SEATS IN MS-ENT. P6 COPY OF THE APPLICATION SUBMITTED FOR SANCTION/PERMISSION FOR NEW POST GRADUATE COURSES IN MD-ANESTHESIOLOGY. P7 COPY OF THE APPLICATION SUBMITTED FOR SANCTION/PERMISSIONFOR NEW POST GRADUATE COURSES IN MD-TB & CHEST DISEASES. P8 COPY OF THE APPLICATION SUBMITTED FOR SANCTION/PERMISSION FOR NEW POST GRADUATE COURSES IN MD-PSYCHIATRY. P9 COPY OF THE APPLICATION SUBMITTED FOR SANCTION/PERMISSION FOR NEW POST GRADUATE COURSES IN MD-BIOCHEMISTRY. P10 COPY OF THE LETTER/COMMUNICATION DATED 18/3/2011 ISSUED BY THE 2ND RESPONDENT DIRECTING DR.SURESHKUMAR, PROFESSOR OF GENERAL MEDICINE, MAULANA AZAD MEDICAL COLLEGE, BAHADUR SHAH ZAFAR MARG, NEW DELHI. P11 COPY OF THE LETTER/ COMMUNICATION DATED 18/3/2011 ISSUED BY THE 2ND RESPONDENT DIRECTING DR.DIPTI JAIN, PROFESSOR OF PEDIATRICS, GOVERNMENT MEDICAL COLLEGE, NAGPUR. P12 COPY OF THE LETTER/ COMMUNICATION DATED 18/3/2011 ISSUED BY THE 2ND RESPONDENT DIRECTING DR.T.J.JAISANKAR, PROFESSOR OF DERMATOLOGY, JAWAHARLAL INSTITUTE OF POST GRADUATE MEDICAL EDUCATION AND RESEARCH, PUDUCHERRY. P13 COPY OF THE LETTER/ COMMUNICATION DATED 18/3/2011 ISSUED BY THE 2ND RESPONDENT DIRECTING DR.J.K.SAHNI, PROFESSOR OF ENT, LADY HARDINGE MEDICAL COLLEGE & ASSOCIATES HOSPITALS, NEW DELHI. P14 COPY OF THE LETTER/ COMMUNICATION DATED 18/3/2011 ISSUED BY THE 2ND RESPONDENT DIRECTING DR.A.K.SETHI PROFESSOR OF ANESTHESIOLOGY, UNIVERSITY COLLEGE OF MEDICAL SCIENCE, DELHI. P15 COPY OF THE LETTER/COMMUNICATION DATED 18/3/2011 ISSUED BY THE 2ND RESPONDENT DIRECTING DR.DEBAJYOTHI PAUL, PROFESSOR OF TB & RESPIRATORY DISEASES, INSTITUTE OF POST GRADUATE MEDICAL EDUCATION AND RESEARCHC BOSE ROAD KOLKATA. 2/- -2- WP(C)NO.13607/2011 P16 COPY OF THE LETTER/ COMMUNICATION DATED 18/3/2011 ISSUED BY THE 2ND RESPONDENT DIRECTING DR.PRAMOD KUMAR, PROFESSOR OF PSYCHIATRY, OSMANIA MEDICAL COLLEGE, KOTI HYDERABAD. P17 COPY OF THE LETTER/ COMMUNICATION DATED 18/3/2011 ISSUED BY THE 2ND RESPONDENT DIRECTING DR.P.V.L.N. SRINIVASA RAO, PROFESSOR OF BIOCHEMISTRY, SRI.VENKATESHWARA INSTITUTE OF MEDICAL SCIENCES,TIRUPATHI, ANDRAPRADESH. P18 COPY OF THE REPRESENTATION DATED 10/5/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 & 3. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE LETTER DATED 26/11/2010 SUBMITTED BY THE PETITIONER. R2(B) COPY OF THE MCI LETTER NO.PG/68/22/2010-MED-52938 DATED 7/1/2011 SENT TO THE PETITIONER. R2(C) COPY OF THE PETITIONER'S LETTER DATED 7/1/2011. R2(D) COPY OF THE PETITIONER'S LETTER DATED 28/1/2011 R2(E) COPY OF THE AMENDED TIME SCHEDULE R2(F) COPY OF THE PROCEEDINGS NO.V.11012/5/2009-ME(PI) DATED 28/2/2011. R2(G) COPY OF THE JUDGEMENT DATED 25/7/2008 IN WP(C)NO.19995 OF 2008. /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J ....................................................... W.P.(C).13607/2011 .............................................. Dated this the 4th day of July, 2011 JUDGMENT Petitioner is a Society sponsored by a Co-operative Society known as Kerala State Co-operative Hospital Complex and Centre for Advance Medical Services Limited No.4386, registered under the Kerala Co-operative Societies Act, 1969. The Society has established as a self financing Medical College where it is imparting Graduate and Post Graduate Courses. The Society applied to the Medical Council of India for increase of seats in the existing P.G Courses and also sought permission to start additional courses. According to the Society, despite having made the application which is complete in all respects, approval was not granted, and that complaint led the Society to file this writ petition, with the following prayer. To issue a writ of mandamus commanding the respondents 2 and 3 to consider Ext.P18 representation and consider the assessment reports submitted before them with respect to the petitioner's institutions in pursuant to Ext.P10 to P17 under Section 10A of the W.P.(C).13607/2011 2 Indian Medical Council Act for the academic year 2011-12 itself and forward recommendations to the 1st respondent for granting permission/sanction as per Ext.P2 to P9 applications of the petitioner, forthwith, notwithstanding the fact that the assessment reports are received by the respondents 2 and 3 after 31.3.2011, enabling the petitioner to admit students and start the courses in the current Academic year itself. 2. The Medial Council of India, the competent authority, has filed a counter affidavit. The time schedule for receipt of applications and further course of action, as indicated in Ext.R2 (e), are extracted below:- Sl. No State of Processing Time Schedule 1 Receipt of applications by the Central Government Ist April to 30th April 2 Forwarding of applications by Central Government to Medical Council of India for technical scrutiny Upto 31st May 3 Recommendation of Medical Council of India to Central Government for issue of Letter of Permission Upto 31st January 4 Issue of Letter of Permission by Central Government Upto 28th February 3. Referring to Ext.R2(f), it is stated that the deadline for issuance of letter of permission as indicated above, has been W.P.(C).13607/2011 3 extended as a 'one time measure' to 31st March, 2011, in respect of Medical P.G Courses for the academic year 2011-12. 4. After explaining the receipt of the application from the petitioner and pointing out that there was some defects which were belatedly cured, in paragraph 13 of the counter affidavit, MCI has stated thus:- “It is thus respectfully submitted that the deadline imposed as per the above said time schedule for MD/MS courses had expired on 31.3.2011. As already submitted the assessment reports for the 7 PG courses mentioned earlier herein above, have been received only after 31.3.2011. As even the extended time deadline approved by the Central Government as per Ext.R2(f) was only upto 31.3.2011, the Board of Governors considered the matter and decided that the assessment reports received after 31.3.2011 be considered only for the next academic session, viz, 2012-13.” 5. Therefore, in view of the above factual scenario, at this stage, all that is required is that MCI should consider the W.P.(C).13607/2011 4 application of the petitioner which is now pending before it, in terms of the undertaking as contained in paragraph 13 of its counter affidavit which is extracted above. This the MCI should do, as expeditiously as possible. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs