IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 05..12..2008 C O R A M The Honourable Mr. A.K. Ganguly, Chief Justice and The Honourable Mr. Justice K. Chandru Writ Appeal No.1413 of 2008 Writ Petition No.4348 of 2008 W.A. No.1413 of 2008 : Medical Council of India, Rep. by its Secretary, Sector-8, Pocket-14, Dwarka, New Delhi-110 077. .. Appellant/2nd Respondent versus 1. SRM University (Established u/s.3 of the UGC Act, 1956), No.3, Veerasamy Street, West Mambalam, Chennai-33, rep. by its Registrar Prof. N. Sethuraman. 2. Govt. of India, Rep. by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi-110 011. 3. The State Government of Tamil Nadu, Rep. by its Secretary, Health and Family Welfare Department, Fort St. George, Chennai-9. .. Respondents/ Petitioner & 1st and 3rd Respondents W.P. No.4348 of 2008 : SRM University (Established under Sec.3 of the UGC Act, 1956), rep. by its Registrar Prof. N. Sethuraman, No.3, Veerasamy Street, West Mambalam, Chennai-33. .. Petitioner versus https://hcservices.ecourts.gov.in/hcservices/ 1. Government of India, rep. by its Secretary (Ministry of Health & Family Welfare), Maulana Azad Road, Nirman Bhavan, New Delhi-110 011. 2. Medical Council of India, Kotla Road, New Delhi. 3. The State Government of Tamil Nadu, Rep. by its Secretary, Health and Family Welfare Department, Fort St. George, Chennai-9. .. Respondents - - - - - Prayer : Writ Appeal filed under Clause 15 of the Letters Patent against the order of a learned single Judge of this Court dated 22.2.2008 made in M.P. No.2 of 2008 in W.P. No.4348 of 2008. Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of mandamus forbearing the 1st respondent from returning the proposal of the petitioner to establish Chennai Medical College & Hospital at Irungular Village, Manachanallur Taluk, Tiruchirappalli District, Tamil Nadu to start 1st year MBBS Course and direct the 1st respondent to process the proposal independently and grant permission/approval to establish Chennai Medical College & Hospital at Irungalur Village, Machanallur Taluk, Tiruchirappalli District, Tamil Nadu to start 1st year MBBS Course, without insisting on Essentiality Certificate from the State Government of Tamil Nadu. - - - - - (In Writ Appeal) For Appellant : Mr. V.P. Raman For Respondent-1 : Mrs. B. Saraswathi For Respondent-2 : Mr. Mohana Murali, S.C.C.G. For Respondent-3 : Mr. Raja Kalifulla, Govt. Pleader (In Writ Petition) For Petitioner : Mrs. B. Saraswathi For Respondent-1 : Mr. Mohana Murali, S.C.C.G. For Respondent-2 : Mr. V.P. Raman For Respondent-3 : Mr. Raja Kalifulla, Govt. Pleader - - - - - J U D G M E N T https://hcservices.ecourts.gov.in/hcservices/ ( Delivered by The Honourable The Chief Justice ) Heard the learned counsel for the parties. The writ appeal has been filed against an interim order dated 22.2.2008 passed by a learned Judge of the writ court on a writ petition which was filed by the SRM University for starting a medical college called Chennai Medical College and Hospital at Irungalur Village, Manachanallur Taluk, Tiruchirappalli District. The learned Judge, after hearing the learned counsel for the parties, was pleased to grant interim order to the following effect : "It is open to the respondents to process the application in terms of law. Simultaneously, the Medical Council of India is directed to process the proposal of the petitioner to establish Chennai Medical College and Hospital at Irungalur Village, Manachanallur Taluk, Tiruchirappalli District, Tamil Nadu, to start I Year MBBS Course, including the inspection second respondent for the academic year 2008-2009, without insisting on Essentiality Certificate from the State Government of Tamil Nadu." 2. We have perused the said direction of the learned single Judge. It appears that in the first sentence, the learned single Judge directed the respondents to process the application in terms of law, but thereafter, the learned single Judge has gone on giving further direction, and the most vital part of the order is that a direction was given for inspection of the writ petitioner-University by the Medical Council of India without insisting on the Essentiality Certificate from the State Government. 3. Before us, the learned counsel appearing for the appellant has drawn our attention to the Medical Council of India (Establishment of Medical College) Regulations, 1999. From paragraph 3 of the said Regulations, it appears as follows :- "3. FORM AND PROCEDURE : Subject to the fulfilment of the above eligibility and qualifying criteria, the application to establishment of medical college in Form-1 shall be submitted by the person in the following parts, namely – Part-I Part-I of the application shall contain the following particulars about the person, namely, (1) Status of the applicant in terms of the eligibility criteria; https://hcservices.ecourts.gov.in/hcservices/ (2) Basic infrastructural facilities, manegerial and financial capabilities of the applicant (Balance Sheets for the last three years in case the person is not a State Government or a Union Territory). (3) Necessary certificates/documents as prescribed in qualifying criteria under paragraph 2." The necessary certificate/document as prescribed in the qualifying criteria under paragraph 2 would include the essentiality certificate. This appears from paragraph 2 which describes the qualifying criteria and sub-paragraph (3) of paragraph 2 prescribes as follows : "(3) that Essentiality Certificate in Form 2 regarding No objection of the State Government/Union Territory Administration for the establishment of the proposed medical college at the proposed site and availability of adequate clinical material as per the council regulations, have been obtained by the person from the concerned State Government/Union Territory Administration." 4. Reference in this connection may be made to the judgment of the Honourable Supreme Court in the case of Dental Council of India vs. S.R.M. Institute of Science & Technology reported in (2004) 9 S.C.C. 676. In paragraph 10 of the said judgment, the Supreme Court did not approve of a similar interim order which was passed in that case. The observation made by the learned Judges in paragraph 10 is set out below : "When that is the position in law, the High Court ought not to have made an interim order to process the application even in the absence of the permission or essentiality certificate because the application will not be complete without being accompanied by permission or essentiality certificate by the State Government along with certain other documents. An incomplete application cannot be processed either by the Central Government or the Dental Council. The argument advanced on behalf of the respondents will set at naught the law that in certain cases the courts need not insist on production of permission or essentiality certificate of the State Government, particularly, when the regulations insist upon the same."(underlined for emphasis) 5. In view of the above observations of the Honourable Supreme Court, the learned Judge of the writ court should not have passed the interim order in the way it has been passed. But in the facts and circumstances of the case, the matter has now become infructuous inasmuch as the Essentiality Certificate has https://hcservices.ecourts.gov.in/hcservices/ now been issued by the State Government. So, even though the matter might have become infructuous, we set aside the interim order which was granted by the Court. The writ appeal is, however, dismissed as having become infructuous. 6. In view of the above, the writ petition also stands dismissed. There shall be no order as to costs. Consequently, M.P. No.2 of 2008 in the writ petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ab To 1. Secretary (Ministry of Health & Family Welfare), Government of India, Maulana Azad Road, Nirman Bhavan, New Delhi-110 011. 2. Medical Council of India, Kotla Road, New Delhi. 3. The Secretary, Health and Family Welfare Department, State Government of Tamil Nadu, Fort St. George, Chennai-9. +1cc to Mr.V.P.Raman, Advocate Sr 68360 +1cc to M/s.B.Saraswati,Advocate Sr 68374 +1cc to Mr.Mohanamurali, SCCG Sr68352 +1cc to Govt. Pleader Sr 68428 RSM(CO) km/12.12. Writ Appeal No.1413 of 2008 Writ Petition No.4348 of 2008 https://hcservices.ecourts.gov.in/hcservices/