Jagat Narain Subharti Charitable Trust vs Union Of India

1. The petitioner No.1 Dr. Jagat Narain Subharti Charitable Trust, Dehradun, made an application to the Ministry of Health & Family Welfare, Government of India for establishment of a new medical college at Dehradun in the Reason: name and style ‘Shridev Suman Subharti Medical College & 2 Hospital, Dehradun’ from the academic session 2016-17 onwards. That application was forwarded to Medical Council of India (for short “MCI”) for evaluation and making recommendations to the Ministry under Section 10A of the Indian Medical Council Act, 1956 (for short “1956 Act”). The Executive Committee of MCI considered the proposal pertaining to the aforementioned new medical college in its meeting convened on 27.02.2016. It was noted that the land on which the new college was proposed to be made was not entered in the name of Dr. Jagat Narain Subharti Charitable Trust. Several litigations were pending regarding the title and ownership of the said land. As a result, the Executive Committee of MCI opined that the Trust had failed to fulfill the qualifying criteria regarding the land, as prescribed by the Medical College Regulations, 1999 (for short “1999 Regulations”). Accordingly, MCI submitted its negative recommendation to the Central Government vide letter dated 01.03.2016 relating to issuance of letter of permission for establishment of a new medical college from the academic session 2016-17. The matter then proceeded before the 3 Ministry of Health & Family Welfare, Government of India under Section 10A (4) of the 1956 Act and after affording opportunity of hearing to the college before the Hearing Committee on 06.05.2016, the proposal was sent back to MCI for review. The Executive Committee of MCI, in its meeting held on 13.05.2016, reiterated its earlier decision of disapproval of the scheme for the academic session 2016-17 and submitted negative recommendation to the Central Government recommending disapproval of the scheme under Section 10A of the 1956 Act. Acting upon the said recommendation, the Ministry of Health & Family Welfare, Government of India disapproved the proposal for establishment of a new medical college for the academic session 2016-17 vide letter dated 08.06.2016. Notwithstanding the decision of the Ministry, the Oversight Committee (for short “OC”), constituted by this Court, issued directives to obtain fresh compliance from the college vide letter dated 21.06.2016. Pursuant thereto, the MCI, after examining the matter, returned the proposal citing various reasons, consequent to which the Ministry submitted its 4 response to the OC. The OC vide letter dated 25.09.2016, however, favoured the approval of the scheme for establishment of the proposed medical college at Dehradun with annual intake of 150 seats for the academic session 2016-17, on certain conditions. In view of the approval granted by the OC, the Central Government issued a formal letter of permission on 26.09.2016 in favour of petitioner No.1 for establishment of a new medical college at Dehradun for the academic session 2016-17, with conditions as enumerated by the OC.

2. Thereafter, an assessment with regard to verification of compliance submitted by the college was conducted by the MCI on 26/27.10.2016 and after considering the report, the Executive Committee of MCI, in its meeting held on 13.01.2017, noted certain deficiencies. The MCI, vide letter dated 15.01.2017, submitted its recommendation to the Central Government to revoke the letter of permission. After receipt of the said recommendation, personal hearing was given to the college on 17.01.2017, by Director General of 5 Health Services (for short “DGHS”). The Hearing Committee noted as follows:

3. As the petitioners did not receive any intimation from the competent authority, they were left with no alternative but to move a writ petition before this Court, being Writ Petition (Civil) No.513 of 2017 on 07.07.2017, seeking direction against respondent No.1 to confirm the letter of permission dated 26.09.2016 and to grant permission to the petitioners to admit 150 students in the MBBS course of petitioner No.2 medical college for the academic session 2017-18 and further, to direct respondent No.4 to allot 150 students through Central Counselling for academic session 2017-18 in the MBBS course of petitioner No.2 medical college. The said writ petition was taken up for hearing on 21.07.2017. The court passed the following order: 7

13. As no other deficiency has been noted by the competent authority of the Central Government in the impugned decision dated 14th August, 2017, and that the three factors which weighed with the competent authority having been found to be palpably untenable and, more particularly, in spite of this Court having called upon the competent authority to reconsider the matter with a hope that all the grievances of the petitioners would be properly dealt with, it 23 opted to pass a cryptic and mechanical order which suffers from the vice of non application of mind, if not perverse. The only course open for us is to allow these writ petitions by not only setting aside the impugned decision dated 14 th August, 2017, but also directing the respondents to permit the petitioner-college to admit up to 150 students for the academic session 2017-18, as was permitted for the academic session 2016-17. We are conscious of the regulation providing for the cut-off date to accord permission for establishment of a new college or for renewal of the permission to impart MBBS course, including the decision of this Court mandating adherence to the said cut-off date. Notwithstanding such stipulation, we are persuaded to direct the concerned authorities to allow the petitioner-college to admit up to 150 students until 05.09.2017, in the peculiar facts of the present case and in exercise of our plenary power under Article 142 of the Constitution of India to do complete justice. In other words, we are inclined to relax the cut-off date qua the petitioners and issue directions to the concerned authority, being convinced that none of the three 24 factors which weighed with the competent authority is sustainable and that the petitioner-college has already admitted students to the first year MBBS course for the academic session 2016-17 after the recommendation of the OC in that behalf and has complied with the conditions for grant of such permission by the competent authority.

16. Considering the fact that the admission process for the academic session 2017-18 is still in progress and the last date fixed for counseling is 31st August, 2017, we are inclined to issue directions to all concerned to permit the petitioner-college to admit up to 150 students until 05.09.2017 to the MBBS course for the academic session 2017-18, with liberty to MCI and the competent authority to inspect the petitioner-college and if any deficiency is noticed, 1 2017 (8) SCALE 369 26 to proceed against the petitioner-college in accordance with law.

17. Accordingly, we allow these writ petitions and interlocutory applications. The impugned decision of the competent authority of the Central Government dated 14 th August, 2017, is quashed and set aside. Further, respondents are directed to permit the petitioner-college to admit up to 150 students until 05.09.2017 for the academic session 2017-18 and allot students through the central counselling in order of their merit for the academic session 2017-18 in the MBBS course.

18. No order as to costs.

……………………………….CJI.