Royal Medical Trust (Regd) & Anr vs Union Of India & Anr

5. Section 10A contemplates submission of a Scheme to the Central Government in prescribed form, which Scheme is then to be referred by the Central Government to the MCI for its appropriate recommendations. The Scheme is to be considered having regard to the features referred to in Sub- Section 7 and is then placed before the Central Government along with the recommendations of the MCI. In exercise of powers conferred by Section 10A read with Section 33 of the Act, the MCI with the previous sanction of the Central Government has made “Establishment of the Medical College Regulations, 1999” (hereinafter referred to as the Regulations) which were published in the Gazette of India on 28.8.1999. Paragraph 3 of the Regulations lays down that no person shall establish a medical college except after obtaining prior permission of the Central Government by submitting a Scheme. The Regulations then deal with the Scheme in extenso. Clauses 1 and 2 of the Scheme deal with ‘Eligibility Criteria’ and ‘Qualifying Criteria’ respectively. Clause 3 then sets out certain requirement in Parts (i), (ii) and (iii) concerning various details about the status of the applicant in terms of the eligibility criteria, name and address of the Medical College including various facets of the infrastructure and planning and the details of the existing hospital including availability of various facilities and capacities as also upgradation and expansion programme.

that the person has a feasible and time bound programme to set up the proposed medical college alongwith required infrastructural facilities including adequate hostels facilities separate for boys and girls, and as prescribed by the Council, commensurate with the proposed intake of students, so as to complete the medical college within a period of four years from the date of grant of permission;

(4) The council may obtain any other information from the proposed medical college as it deems fit and necessary.”

9. After the amendment vide Notification published on 28.08.2009 the Schedule underwent some modifications namely, as against serial numbers 3, 4, 5, 6, 7 and 8 the dates as modified were; 15th December, 15th January, 15th February, 1st March, 15th May and 15th June respectively. Notes 1 and 2 were not modified at all and continued to remain as they were.

(vi) no variation of the schedule so far as admissions are concerned shall be allowed;

(iii) The Central Government issued disapproval letters to 46 Medical Colleges including 41 Private Medical Colleges with 3685 MBBS seats and 5 Government Medical Colleges with 235 seats for the year 2014-2015.

22. We grant special leave to appeal in all the matters in categories I and III.

Those who fulfill the basic requirements would be considered at the next stage.

(C) Intimation of the result or outcome of the inspection would then be communicated. If the infrastructure and facilities are in order, the concerned Medical College should be given requisite permission/renewal. However if there are any deficiencies or shortcomings, 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.

28. As against the Schedule brought in by Notification dated 21.09.2012, the draft Schedules submitted by Mr. Vikas Singh, learned Senior Advocate appearing for the MCI do make provisions for stage wise consideration and set time limits therefor. They also provide for hearing by the Central Government under Section 10A(4) and compliance verification assessment by the MCI. We accept the submission of Mr. Vikas Singh that the draft Schedules suggested and placed by the MCI will now take care of all foreseeable situations and ensure availability of opportunity at all possible stages. In our view the draft Schedule so submitted by the MCI be given proper statutory status.

30. Since the deadline for making admissions was over and there was no formal permission to establish new Medical Colleges or to increase the intake capacity in respect of existing Colleges, applicants in Categories I and II were not considered fit for grant of any interim relief. For the same reasons no relief can be granted to them. Consequently, the writ petitions and appeals arising from the special leave petitions in Categories I and II except one arising out of SLP(C) No.23512 of 2014 are dismissed. Said appeal from SLP(C) No.23512 of 2014 at the instance of the MCI is allowed and the order passed by the High Court is set aside. No orders are required in Transfer Petition No. 1217 of 2014 and it stands dismissed. The relief granted in respect of those falling in Category III, vide orders dated 18.09.2014 and 25.09.2014 is made absolute in terms of those orders and the writ petitions and appeals arising from special leave petitions in Category III stand disposed of in such terms.

31. The MCI and the Central Government are directed to discharge their functions in accord with the concerned Regulations and the Statute and in keeping with the observations made hereinabove.

32. All matters stand disposed of in above terms. No order as to costs.