1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.A.(MD).Nos.463 to 466 of 2011 and M.P.Nos.1,1,1,1,2,2,2 and 2 of 2011y Medical Council of India Represented by its Secretary, Pocket – 14, Sector – 8, Dwarka Phase I, New Delhi 110 001. : Appellant in all cases Vs. 1.Chennai Medical College, Hospital and Research Centre, Trichy, Represented by its Dean, Irungalur, Mannachallur Taluk, Trichy 621 105. 2.Government of India, Rep by its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi 110 011. 3.The Tamil Nadu, Dr.M.G.R.Medical University, 69, Anna Salai, Guindy, Chennai 600 032. : Respondents in all cases PRAYER in W.A.(MD).No.463 of 2011: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 10.03.2011 made in M.P. (MD).No.1 of 2011 in W.P.(MD).No.2773 of 2011 on the file of this Court. PRAYER in W.A.(MD).No.464 of 2011: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 10.03.2011 made in M.P. (MD).No.2 of 2011 in W.P.(MD).No.2773 of 2011 on the file of this Court. PRAYER in W.A.(MD).No.465 of 2011: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 08.04.2011 made in M.P. (MD).No.1 of 2011 in W.P.(MD).No.2773 of 2011 on the file of this Court. PRAYER in W.A.(MD).No.466 of 2011: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 08.04.2011 made in M.P. (MD).No.2 of 2011 in W.P.(MD).No.2773 of 2011 on the file of this Court. PRAYER IN MP(MD)1 & 2/11 IN WP(MD) 2773/11 : i) To grant stay of all further proceedings pursuant to the letter of the 2nd respondent in MCI-34(MC)/2009-TN-31-71842 dated 28.02.2011. ii) To grant an Ad-Interim Direction directing the second respondent to inspect forthwith and proceed to grant the renewal of permission for the third year for the academic year 2011-12 to the Chennai Medical College and Hospital and Research Centre at Trichy without insisting upon the discharge of 150 students as per the impugned letter of the second respondent in MCI-34(MC)/2009-TN-31/71842 dated 28.02.2011 forthwith respectively, pending disposal of the above said writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2 For Appellants : Mr.R.Thiyagarajan [in both Writ Appeals] Senior Counsel For Mr.V.P.Raman For Respondent 1 : Mr.V.T.Gopalan [in both Writ Appeals] Senior Counsel For Mr.G.R.Swaminathan For Respondent 2 : Mr.K.K.Senthilvelan ASGI For Respondent 3 : Mr.C.Karthik COMMION JUDGMENT [Common Judgment of the Court was delivered BY K.SUGUNA, J] These Writ Appeals are filed as against the orders dated 10.03.2011 and 08.04.2011 passed in M.P.(MD).No.1 of 2011 in W.P.(MD).No.2773 of 2011 and M.P.(MD).No.2 of 2011 in W.P.(MD).No.2773 of 2011 respectively, wherein an order of interim stay, which is under challenge in these Writ Appeals, was granted and a direction was also issued to the Medical Council of India, the appellant herein, for inspection of the first respondent college and to submit a report with regard to the renewal of permission and approval granted. As against the said interim orders, the Medical Council of India has filed these Writ Appeals. 2. It is the stand of the learned Senior Counsel appearing for the appellant that contrary to the directions issued by the official respondents, 150 students were admitted by the first respondent college/Writ Petitioner to the first year M.B.B.S., Course for the academic year 2009 – 2010, and therefore, the discharge orders were passed by the appellant herein. When the admission itself is not in conformity with the Rules, certainly, 150 students cannot be permitted to continue their courses. Apart from this, it is the stand of the learned Senior Counsel for the appellant that as far as the inspection is concerned, it relates to renewal and when there is a defect in the inception itself, the question of renewal does not arise at all. Consequently, the interim orders granted by the learned Single Judge in favour of the the first respondent college/Writ Petitioner have to be set aside. 3. On the other hand, it is the stand of the learned Senior Counsel appearing for the first respondent college/Writ Petitioner that though a corrigendum has been issued by the second respondent herein, by his proceedings dated 30.07.2009, the said corrigendum is only with reference to the addressee of letter of intent and grant of approval has not been changed. Apart from this, according to the learned Senior Counsel for the first respondent college/Writ Petitioner, now, affiliation has been granted by the Tamil Nadu Dr.M.G.R.Medical University, viz., the third respondent herein. According to the learned Senior Counsel for the first respondent college/Writ Petitioner, in fact, all the directions issued by the official respondents have been complied with, consequently, the interim orders granted have to be confirmed. Apart from this, it is the further stand of the learned Senior Counsel for the first respondent college/ Writ Petitioner that the last date for admission to M.B.B.S https://hcservices.ecourts.gov.in/hcservices/ 3 Course for this academic year is 30.09.2011. Prior to that, counselling has to be conducted by the first respondent college/Writ Petitioner and unless the inspection is completed and renewal is granted, the seats allotted to the first respondent college/Writ Petitioner will go waste. Consequently, the interim stay with regard to the inspection, submission of report as well as renewal, has to be granted in favour of the first respondent college/Writ Petitioner. 4. Apart from the above, it is also the stand of the learned Senior Counsel for the first respondent college/Writ Petitioner that the college has already spent more than two hundred crores of rupees for establishment of the college. Basing on this, the learned Senior Counsel for the first respondent college/Writ Petitioner has prayed for dismissal of the Writ Appeals. 5. We have considered the above submissions made by the respective learned Senior Counsels. 6. Since these Writ Appeals have been filed only as against the interim orders granted by the learned Single Judge and also from the angle of 150 students, who had already been admitted, we are of the opinion that a finality has to be given to the issue in question. 7. Taking into account the above and also considering the fact that as per the Judgment of the Hon'ble Apex Court in Mridul Dhar (minor) and another v. Union of India and others reported in 2005 (2) SCC 65, the last date for admission to M.B.B.S. Course for this academic year is 30.09.2011, we are of the opinion that the Writ Petitions have to be disposed of at an early date by the learned Single Judge. 8. In view of the above, the interim order already granted in M.P.No.1 of 2011 in W.P.(MD).No.2773 of 2011 is confirmed and as far as M.P.No.2 of 2011 is concerned, according to the learned Senior Counsel appearing for the appellant, though they have completed the inspection, the report is not published, in view of the interim orders granted in the present Writ Appeals, and therefore, as far as the publication of report is concerned, the interim order already in the Writ Appeal is confirmed, that is to say, the interim order of stay granted in M.P.No.1 of 2011 in W.P.(MD).No.2773 of 2011 is confirmed and the interim direction granted in M.P.No.2 of 2011 in W.P.(MD).No.2773 of 2011 with regard to the inspection is also confirmed and with regard to the publication of the report, there shall be an order of interim stay till the disposal of the Writ Petitions. 9. Registry is directed to post W.P.(MD).Nos.2773 of 2011 and 5903 of 2010 before the concerned Court on 27.06.2011 at 02.15 PM for final disposal. These Writ Appeals are disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To The Secretary, Government of India, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi 110 011. Copy to The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai. (For Posting Writ Petition) +1CC TO MR.V.P.RAMAN, ADVOCATE, SR.19415 +4CC TO MR.C.KARTHICK, ADVOCATE SR.NOS.19357, 19358, 19359, 19360 NB SR : 22.07.2011 : 4p/8c COMMON JUDGMENT MADE IN W.A.(MD).Nos.463 to 466 of 2011 and M.P.Nos.1,1,1,1,2,2,2 and 2 of 2011 21.06.2011 https://hcservices.ecourts.gov.in/hcservices/