Delhi High Court
Shri Guru Ram Rai Institute Of ... vs Union Of India & Anr. on 4 March, 2016
Author: Manmohan
$~40, 42 & 43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1845/2016 & C.M.Nos.7904-7906/2016
SHRI GURU RAM RAI INSTITUTE OF MEDICAL & HEALTH
SCIENCES SHRI MAHANT INDIRESH HOSPITAL & ANR.
..... Petitioners
Through Ms.Bina Madhavan with
Mr.Mrityunjai Singh, Advocates.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Ms.Shiva Lakshmi, CGSC with
Mr.Sriram Krishna, Advocate for R-1.
Mr.T.Singhdev with Mr.Biakthan
Sangi, Advocates for R-2/MCI.
WITH
+ W.P.(C) 1855/2016 & C.M.Nos.7959-7961/2016
GURU RAM RAI INSTITUTE OF MEDICAL & HEALTH
SCIENCES SHRI MAHANT INDIRESH HOSPITAL & ANR.
..... Petitioners
Through Ms.Bina Madhavan with
Mr.Mrityunjai Singh, Advocates.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Mr.Manish Mohan, CGSC with
Mr.Shivam Chanana, Ms.Manisha
Saroha and Ms.Pooja Mishra,
Advocates for R-1/UOI.
Mr.T.Singhdev with Mr.Biakthan
Sangi, Advocates for R-2/MCI.
AND
W.P.(C) 1845, 1855 & 1857 of 2016 Page 1 of 5
+ W.P.(C) 1857/2016 & C.M.Nos.7978-7980/2016
GURU RAM RAI INSTITUTE OF MEDICL & HEALTH
SCIENCES SHRI MAHANT INDIRESH HOSPITAL & ANR.
..... Petitioners
Through Ms.Bina Madhavan with
Mr.Mrityunjai Singh, Advocates.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Mr.Manish Mohan, CGSC with
Mr.Shivam Chanana, Ms.Manisha
Saroha and Ms.Pooja Mishra,
Advocates for R-1/UOI.
Mr.T.Singhdev with Mr.Biakthan
Sangi, Advocates for R-2/MCI.
% Date of Decision: 04th March, 2016
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present batch of writ petitions has been filed challenging the order
dated 19th February, 2016 issued by respondent no. 1, whereby petitioner-
Institute's applications for increase of seats for PG courses of MD
(Paediatrics), MD (Radio-Diagnosis) and MS (Orthopaedics) for the
Academic Year 2016-17 were disapproved on the basis of negative
recommendation by the respondent no.2-MCI.
2. Petitioners also challenge the minutes of meeting dated 22nd
December, 2015, whereby deficiencies were pointed out in the petitioner-
institute. Petitioners also seek to direct the respondent no. 1 to re-consider
petitioners' applications dated 22nd April, 2015 by verifying the compliance
reports submitted by the petitioner-Institute.
3. It has been averred in the petitions that the petitioners vide letter dated
22nd April, 2015 sought increase of number of post- graduate seats in the
aforesaid courses.
4. In the writ petitions, it is stated that in pursuance to the aforesaid
letter, assessors of respondent no. 2-MCI conducted inspections in
September, 2015. Respondent no.2-MCI pointed out deficiencies to the
petitioner-institute, who in turn, submitted compliance reports in November,
2015 giving detailed replies to each and every deficiency pointed out.
5. Learned counsel for the petitioners states that respondent no.2-MCI
without sending any reply to the compliance reports and without conducting
any compliance verification inspection, sent another letter dated 11 th
December, 2015 enlisting new deficiencies in the petitioner-institute.
Learned counsel for the petitioners further states that a second compliance
report with regard to the new deficiencies was also sent to the respondent
no.2-MCI in December, 2015.
6. Learned counsel for the petitioners also states that respondent no. 2-
MCI in its meeting dated 22nd December, 2015 pointed out deficiencies in
clinical material without conducting any compliance verification inspection.
In support of her submissions, she relies upon the judgment of the Supreme
Court in Royal Medical Trust and Others Vs. Union of India and Others,
(2015) 10 SCC 19.
7. On the other hand, Mr.T.Singhdev, learned counsel for respondent
no.2-MCI states that the present writ petitions are not maintainable as the
time schedule for issuance of letter of permission by the Central Government
has expired on 28th February, 2016. In support of his contention, he has
referred to the judgment and order dated 18th January, 2016 passed by the
Apex Court in Ashish Ranjan & Ors. Vs. Union of India & Ors. in W.P.(C)
No.76/2015.
8. The time schedule incorporated in the said order is reproduced
hereinbelow:-
"TIME SCHEDULE FOR RECEIPT OF THE APPLICATIONS OF
POST GRADUATE (BORAD SPECIALITY) COURSES/INCREASE
OF ADMISSION CAPACITY AND PROCESSING OF THE
APPLICATIONS BY THE CENTRAL GOVERNMENT AND
MEDICAL COUNCIL OF INDIA.
S. State of processing Last Date
No
1. Receipt of applications by the Central Between 15th
Government. March to 7th
April (both days
inclusive of any
year)
2. Forwarding application by the Central By 15th April
Government to Medical Council of
India.
3. Technical scrutiny, assessment and By 30th
Recommendations of Letter of September
Permission by the Medical Council of
India.
4. Receipt of reply/compliance from the Two months from
applicant by the Central Government receipt of
and for personal hearing thereto, if any recommendation
and forwarding of compliance by the from MCI but not
Central Government to the Medical beyond 15th
Council of India. November
5. Final recommendations for the Letter By 31st January
of Permission by the Medical Council
of India.
6. Issue of Letter of Permission by the By 28th February
Central Government.
9. Keeping in view the aforesaid time schedule, it is apparent that the last
date of issuance of letter of permission by the Central Government has
expired on 28th February, 2016.
10. Consequently, this Court is of the view that no relief can be granted to
the petitioners in the present batch of petitions. Accordingly the present writ
petitions along with the applications are dismissed, but no order as to costs.
MANMOHAN, J
MARCH 04, 2016
KA
