Delhi High Court
Vaidya Raghunandan Sharma vs Union Of India And Anr on 31 July, 2017
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6422/2017
VAIDYA RAGHUNANDAN SHARMA ..... Petitioner
Through: Mr Ashok Panigrahi and Mr
Suryadeep Singh, Advocates.
versus
UNION OF INDIA AND ANR ..... Respondents
Through: Mr Brajesh Kumar, Advocate for R-1.
Ms Tasneem Ahmadi and Ms Shubhi
Kharl, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 31.07.2017
VIBHU BAKHRU, J
CM No.26592/2017
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 6422/2017 & CM No. 26591/2017
3. The petitioner has filed the present petition under Article 226 of the
Constitution of India, inter alia, impugning a notice dated 14.07.2017 issued
by the Secretary of the Central Council of Indian Medicine (hereafter
„CCIM‟) convening a special meeting of CCIM on 31.07.2017. The
petitioner has further prayed that the said meeting of CCIM was called in
terms of the decision taken by the Executive Committee in its 248th meeting
held on 14.07.2017. The petitioner has also prayed that the proceedings of
the said 248th meeting of the Executive Committee be declared as null and
void.
4. The CCIM is constituted under Section 3 of The Indian Medicine
Central Council, Act, 1970 (hereafter' the Act') and the petitioner claims to
be a member of the CCIM. It is also averred that in the past, the petitioner
also held the post of the President, CCIM.
5. The learned counsel for the petitioner has assailed the notice
convening the meeting and the decision of the Executive Committee on two
fronts.
6. First, he submitted that a special meeting could be held only in case of
urgent matters or on a requisition sent in writing by not less than 24
members. He submitted that in the present case none of the two conditions
were met and therefore the decision of the Executive Committee to convene
the special meeting was without jurisdiction.
7. Second, he submitted that in terms of Regulation 33 (3) of the Central
Council of Indian Medicine (General) Regulations, 1976 (hereafter 'the
Regulations'), the notice for a special meeting is required to be accompanied
by a complete agenda paper at least 15 days prior to the meeting. He
submitted that there were 16 items on the agenda of the special meeting
convened on 31.07.2017. Agenda item no.15 concerned the
recommendations of applications received from Government of India under
Section 13A of the Act. He contended that the said item pertained to
promotions for establishment of new medical colleges or opening a new
course of study or training and/or increase in the admission capacity. The
said items also required consideration of visitation reports regarding the
college/institution in question but the said reports were not forwarded with
the notice. It was earnestly contended that since notice was contrary to
regulation 33 (3) of the aforementioned regulations, the special meeting
scheduled for today would be illegal.
8. During the course of the arguments Ms Ahmadi, learned counsel
appearing for CCIM submitted that the visitation reports were required to be
kept confidential and thus they were made available only at the time of the
meeting and this was the consistent practice adopted in the past including
the period when the petitioner was the President of CCIM. This was
disputed by the petitioner and accordingly both the said parties were directed
to file their affidavits in this regard.
9. In compliance with the directions of this Court, the Secretary of
CCIM has affirmed an affidavit unequivocally stating that the
inspection/visitation records and consequent reports of the Executive
Committee were never circulated to the members in advance which is
evident from the records of CCIM. This is disputed by the petitioner.
10. Before proceeding to address the controversy, it is relevant to set out
Regulations 29 and 33 of the Regulations, which read as under:-
"29. The meeting of the Central Council shall ordinarily be held
at Delhi or at such other place in India and on such dates as
may be fixed by the Executive Committee;
Provided that the President may call a special meeting at any
time on 15 days notice.
(i) to deal with any urgent matter requiring the attention of
the Central Council, or
(ii) on a requisition in writing signed by not less than 24
members and stating the purpose other than that
mentioned in the first proviso to clause (b) of regulation
34 and for a purpose within the scope of the Central
Council‟s functions for which they desire the meeting to
be called.
xxxx xxxx xxxx xxxx
33. Agenda Papers
(1)The Registrar shall, with the notice of the meeting, issue
preliminary agenda paper showing the business to be brought
before the meeting, the terms of all motions to be moved for
which the notice in writing has previously reached him and the
names of the movers.
(2) A member who wishes to move any motion not included in
the preliminary agenda paper or an amendment to any motion
so included shall give notice thereof to the Registrar not less
than 15 clear days before the date fixed for the meeting.
(3) The Registrar shall, not less than 15 clear days before the
date-fixed for the meeting or in the case of a special meeting,
with the notice of the meeting, issue a complete agenda paper
showing the business to be brought before the meeting.
(4) A member who wishes to move an amendment to any item
included in the complete agenda paper shall give notice thereof
to the Registrar not less than 3 clear days before the date fixed
for the meeting.
(5) The Registrar shall, if time permits, cause a list of
amendments of which notice has been given under clause (4) to
be made available for the use of every member:
Provided that the President may if the Central Council agrees
allow a motion to be discussed at a meeting notwithstanding the
fact that notice was received late:
Provided further that nothing in the regulation shall operate to
prevent the reference the Executive Committee of any matter to
the Central Council at a meeting following immediately or too
soon after the meeting of the Executive Committee to permit of
the notice required under this regulation."
11. It is apparent from the above, that the President is empowered to call a
special meeting at any time on a 15 days notice. The agenda of the special
meeting in question includes considering recommendations of applications
received from Government of India under section 13A of the Act; this
pertains to recognition of colleges and/or expansion of intake and/or
introduction of further courses.
12. In terms of schedule to "The Establishment of New Medical College,
Opening of New or Higher Course of Study or Training and Increase of
Admission Capacity by a Medical College Regulations, 2003", the
recommendations of CCIM are required to be made by 31.08.2017. This
would certainly be a matter of urgency as the requirement for adhering to the
schedule has been highlighted by the Supreme Court in several decisions.
Non-adherence to the schedule has serious consequences for the admission
of students and any delay would inevitably result in the institutions losing a
year. Thus, this Court is not persuaded to accept that the decision of the
Executive Committee/President in calling for the special meeting is without
jurisdiction as contended by the petitioner.
13. The next question to be examined is whether it is mandatory for the
Registrar to have circulated the visitation reports along with the notice in
terms of Regulation 33 (3) of the aforementioned Regulations. A plain
reading of Regulation 33(3) indicates that a complete agenda paper showing
the business to be brought before the meeting should accompany the notice.
While it may be necessary that the visitation reports be made available to
any member who so desires to examine the same, this Court is not persuaded
to accept that non-furnishing of such reports would vitiate the notice. The
agenda paper must show the business to be brought before the meeting and it
is difficult to accept that this would necessarily include reports of visitation
as well. Admittedly, these documents are voluminous and it is not disputed
that the said reports are required to be kept confidential. The possibility of
loss in transmission or the reports falling in wrong hands cannot be
overruled.
14. Having stated the above, this Court is also of the view that if any
member of CCIM requires the said reports, the same ought to be supplied to
the said member as soon as possible. Ms Ahmadi also stated that the records
of CCIM are being digitalized and, therefore, in the future it would be
possible to send these reports in a digital form with adequate safety
measures. Since the petitioner, as a member of the CCIM has expressed the
requirement of such papers, he is well within the rights to demand the same
and insist on some time to examine the same. However, convening of the
special meeting cannot be held to be illegal and void.
15. There is yet another aspect which dissuades this Court from
interfering in the present matter. The petitioner had received the notice well
within time and if he desired to obtain any visitation report(s), he was not
precluded from requesting for the same. However, the petitioner took no
immediate steps to request for any document and this does raise some
doubts whether the petitioner is in genuine requirement of the documents
that he now claims to be a necessary part of the complete agenda paper.
16. In view of the above, it is directed that the respondents will adjourn
the agenda item no.15 for tomorrow i.e. 01.08.2017. The respondents shall
forthwith supply all papers regarding visitation to the petitioner as early as
possible in any case not later than 4:00 PM today. In the event, the
respondents have prepared a gist of the said report, the same shall be
supplied to the petitioner along with copies of other papers (preferably in a
digital form).
17. The petition and the application are disposed of with the aforesaid
directions.
18. Dasti under signatures of the court master.
VIBHU BAKHRU, J
JULY 31, 2017
pkv
