Padmashree Dr. D.Y. Patil Medicl ... vs Medical Council Of India & Anr

16. The decision-making process not only involves inspection but the decision by other competent bodies of the MCI and, thereafter, by the Central Government. The decision of the respondents is just and proper, no case for interference is made out in breach of time-schedule to make the inspection for the academic session 2015-16.

5. Section 10A of the Act of 1956 mandates prior permission to be obtained from the Medical Council of India/Government of India to establish new medical colleges/opening of a new or higher course of study/increase in the admission capacity. Various factors have been specified in Section 10A(7) which are to be taken into consideration by the MCI while making its recommendations to the Central Government. The Regulations of 2000 have been framed in exercise of power under section 10A read with section 23 of the Act of 1956. Regulation 1 requires an application to be filed before the Central Government with permission of the State Government. Regulation 3 deals with the qualification criteria. Regulation 3(2) requires the permission letter regarding desirability and feasibility of having an increase in the existing medical college/institution, which has to be obtained by the applicant from the respective State Government/Union Territory Administration. Regulations 1, 3, 4 and 6 are extracted hereunder :

2. The permission letter regarding desirability and feasibility of having an increase of seats in the existing medical College/institution for aforesaid Courses has been obtained by the applicant from the respective State Government or the Union Territory Administration.

14. Time schedule for establishment of new college or to increase intake in existing college, shall be adhered to strictly by all concerned.

15. Time schedule provided in the Regulations shall be strictly adhered to by all concerned failing which the defaulting party would be liable to be personally proceeded with.”

x x x x x

x x x x x

However if there are any deficiencies or shortcomings,s the MCI must, after pointing out the deficiencies, grant to the college concerned sufficient time to report compliance.

(E) The result of such verification if positive in favour of the Medical College concerned, the applicant ought to be given requisite permission/renewal. But if the deficiencies still persist or had not been removed, the applicant will stand disentitled so far as that academic year is concerned.” It is apparent from the aforesaid decision and the regulations that the application at the first instance is required to be complete and incomplete applications are liable to be rejected. Thereafter, there has to be an inspection and other stages of decision-making process.

17. In S.L.P. [C] No.7846/2014 – Medical Council of India v. N.K.P. Salve Institute of Medical Sciences & Anr. filed against the judgment dated 24.2.2014 of the High Court of Judicature at Bombay, Bench at Nagpur, this Court vide order dated 14.3.2014 has disposed of the special leave petition considering the time-schedule with a direction to consider the application for starting a medical college for the next year provided the respondents submitted it along with the relevant documents as per the practice in vogue.

23. Considering the statutory time schedule and that the same is already over and in the facts and circumstances of the case, it would not be appropriate to direct inspection to be made and thereafter a decision to be taken for the current academic session 2015-16 as that would be in breach of the law laid down in various decisions of this Court which is binding. Thus, we direct that the application which has been submitted by the college for the academic session 2015-16 be considered for the next academic session, subject to fulfilment of other requisite formalities, as may be necessary, and thereafter the MCI shall conduct an inspection well- in-time as per the time schedule fixed under the Regulations of 1999. The Special Leave Petition is dismissed with the aforesaid modification. Ordered accordingly.

No costs.