Delhi High Court
Mohinder Kumar vs Board Of Governors In ... on 14 December, 2017
$~7
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8438/2011
% Date of decision : 14th December, 2017
MOHINDER KUMAR ..... Petitioner
Through : Petitioner in person.
versus
BOARD OF GOVERNORS IN SUPER-SESSION OF
MEDICAL COUNCIL OF INDIA ..... Respondent
Through : Mr. T. Singhdev, Ms.
Biakthansangi Das and Ms.
Puja Sarkar, Advs. for R-1.
Mr. Akshay Makhija, CGSC
with Ms. Divya Kapur, Adv. for
UOI.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. This writ petition was filed by the petitioner praying for the
following reliefs :
"a. To issue directions to Board of Governors, MCI
(Respondent) to implement installation of "Faculty
Identification, tracking & Monitoring system Comprising of
Software, controller & Biometric Card Reader at all the
Medical colleges/institutions in India" (Tag Faculty)
approved by the General Body of the Medical Council of
India on 18.11.2009 in larger public Interest to track
dummy/fake Faculty/ghost Faculty shows in Medical
Colleges/Institutions in India for MCI Inspection Purposes.
b. To order cancellation / Disapprove / derecognize
illegal appointments of teachers / appointment of teachers
contrary to "Minimal Qualification for Teachers in Medical
Institution Regulation, 1998 and 2009 (Amendment)" as
requested detailed to respondent vide letter dated 1.11.2011
(Annexure P-5 supra)
c. To conduct renewal/Permission inspections of Medical
Colleges for year 2012-13 according to new Policy (of not
giving 48 hrs prior notice to Medical colleges) to Know real
time picture of infrastructure/Number of Patients & medical
faculty in larger Public interest.
d. Direct Respondents not to permit any Medical
College/institute to admit Medical students for year 2012-13
if they don't install Biometric system or follow teacher
eligibility qualification regulation, 1998 or 2009 amended
regulation.
e. To allow Writ petition with Cost in favour of
Petitioner.
f. Exempt the Petitioner from filing the certified Copies
of annexure.
g. Any other Writ, order or Direction that this
Honourable High Court deemed fit and proper in the
circumstances may be issued."
2. The issues raised by the petitioner were crystallized by the order
dated 18th April, 2012 which are reproduced as under :
"(A) Introducing a system for identification of faculty by
issuance of radio identification cards.
(B) The second issue pertains to the maintenance of
uniformity in teaching cadres in all the Government Medical
Colleges as well as Private Medical Colleges across the
country."
3. On the 11th of July 2012, ld. counsel for the MCI had placed on
record the communication dated 10th July, 2012 addressed by the
Medical Council of India (MCI) to its counsel setting out the steps
taken by the MCI regarding both the above issues i.e. the monitoring
of the online faculty attendance as well as amendments to the
regulations regarding prescription of uniform minimum requirements
for teacher eligibility to ensure uniformity in medical faculties. The
court was informed that the MCI had already approached the Central
Government with the draft notification for carrying out the requisite
amendments in the Regulations. The court therefore, disposed of the
writ petition with liberty to the petitioner to seek revival of the same in
case the assured steps are not undertaken within a reasonable time.
4. An application being CM No.4731/2013 has been filed by the
petitioner for revival of the present writ petition complaining that the
respondents have failed to undertake the requisite steps. This
application was allowed by the court on 4th April, 2014.
5. In response to the above, Mr. T. Singhdev, ld. counsel for the
respondent no.1 - MCI has drawn our attention to the notification
dated 5th June, 2017, published by the Government of India and
approved by the Central Government, which has been published by
the MCI.
6. It is submitted that as a result, the minimum qualification for
teachers in Medical Regulations, 1998 stands amended by the MCI.
7. The writ petitioner, who is present in person, makes a grievance
that this notification is not in terms with the amendment which was
proposed by the MCI by its letter dated 24 th February, 2012. The
petitioner would submit that the action in publishing the notification in
variance with the communication placed before this court is
contumacious and action deserves to be taken against the MCI.
8. It has been explained by Mr. T. Singhdev, ld. counsel for the
respondent no.1 that the proposal of the MCI, as forwarded to the
Ministry of Health and Family Welfare under the cover of its letter
dated 24th August, 2012, did not find favour with the government
which effected the modifications and approved the modified proposal
resulting in the notification dated 5th June, 2017 of the amended
regulations.
9. The petitioner has a grievance with regard to the essential
experience qualification which has been prescribed in the regulation
dated 5th of June 2017. It is submitted that the respondents have
effectively diluted the requirement of essential experience for
eligibility to the post of Assistant Professor.
In our view, this objection has to be the subject matter of an
independent challenge and cannot be raised in the present matter.
10. The writ petitioner also disputes the submission made on behalf
of the respondents that on-line faculty attendance monitoring system
has not been installed in all medical colleges. In this regard, Mr. T.
Singhdev, ld. counsel for respondent no.1 has placed before us a letter
dated 3rd November, 2017 which has been addressed to the
Dean/Principal of all Medical Colleges in India. By this
communication, all medical colleges stand notified as follows (page
677) :
"With the launch of 'Go-Live' activity of DMMP - I project,
the attendance of medical faculties will be captured by the
4500 devices installed at convenient locations in the medical
colleges. In this regard, you are requested to start the
biometric attendance of the faculties in your medical colleges
immediately. It is to inform you that w.e.f. 01.12.2017, the
biometric attendance shall be considered during the
assessment process. No manual attendance shall be
considered during the assessment except JR & SR. In case of
any issue pertaining to OFAMOS devices, Medical College
may raise their complaint either by calling IT helpdesk at
number 011-25362032 or online at Council Website under
Complaints tab."
The Medical Council of India shall strictly adhere to the above.
11. We are informed by Mr. T. Singhdev, ld. counsel for the
respondent no.1 that pursuant to this directive, 431 devices have been
installed all over the country on the said system.
12. In case the petitioner has specific information of any violation
by any medical college, he is given liberty to inform the Medical
Council of India regarding the same which shall proceed in the matter
in terms of its directives contained in the communication dated 3 rd
November, 2017.
13. This petition is disposed of in the above terms.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
DECEMBER 14, 2017/aj
