Delhi High Court
Gouri Devi Institute Of Medical ... vs Union Of India & Anr on 23 October, 2019
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23.10.2019
+ LPA 624/2019 & CM No.42459/2019 (for stay)
GOURI DEVI INSTITUTE OF MEDICAL SCIENCE
& HOSPITAL ..... Appellant
Through: Mr.Vivek Sarin, Adv.
versus
UNION OF INDIA & ANR ..... Respondents
Through: Mr.Rajesh Gogna, Adv. for R-1/UOI.
Mr.Vikas Singh, Sr. Adv. with Mr.T.
Singhdev, Adv., Mr.Tarun Verma,
Adv., Ms.Puja Sarkar, Adv.,
Mr.Arunima Pal, Adv. &
Ms.Biakthansanghi Das, Adv. for R-
2/MCI.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
1. This Letters Patent Appeal has been preferred by the original
petitioner whose writ petition i.e. WP(C) No.6898/2019, was
dismissed by the learned Single Judge vide judgment and order dated
30th August, 2019 (Annexure A-1 to the memo of this LPA) whereby
the prayer of this appellant (original petitioner), for quashing and
setting aside the impugned order dated 18th May, 2019 passed by the
respondent no.2-the Board of Governors in supersession of Medical
Council of India (Annexure A-7 to the memo of this LPA) was not
accepted by the said Board. As the original petition was dismissed,
the original petitioner has preferred the present Letters Patent Appeal.
2. Having heard counsel for both the sides and looking to the facts
and circumstances of the case, it appears that this appellant is running
an Institution imparting medical education from the year 2016-17.
The first batch of students was allowed to be admitted for the
academic year 2016-17 whereas for the academic year 2017-2018 and
for the academic year 2018-2019, no students were allowed by the
Medical Council of India to be admitted with this appellant-
Institution. The intake capacity of the appellant-Institution was 150.
The first batch of the students has reached the fourth academic year.
3. It appears from the facts of the case that the Medical Council of
India (MCI) has carried out inspection of this institution on 26th/27th
November, 2018 for the academic year 2019-2020 and another
inspection was also carried out on 8th April, 2019.
4. It appears from the facts of the case that there are several
deficiencies found out with this appellant-Institution. Originally,
there were fourteen deficiencies pointed out by the respondents and
they are as under:-
"1. Out of UG accommodation for 360, accommodation
available for 210, deficient by 150. For Residents
100% deficiency of accommodation.
2. Residential quarters for non-teaching staff 100%
deficient.
3. Audiometry and speech therapy-not available.
4. Pantry and store room not in use for all clinical
wards.
5. Bed Occupancy is 30.5%).
6. Normal deliveries and Caesarian - Nil.
7. Ba & IVP-Nil in OPD.
8. USG machines not available in causality.
9. Bed occupancy in septic labour room and eclampsia
room is nil.
10. In Path, Museum mounted specimen only 40 against
300 (260 short) un-mounted only 30, against 150
(120 short).
11. No cold chain equipment, no accommodation in
RHTC.
12. Deficiency of Faculty by 51% (67/117).
13. Deficiency of Resident by 100%) (66/66).
14. Other deficiencies as pointed out in the assessment
report."
5. Thereafter, again the inspection was carried out on 8 th April,
2019 and there were three deficiencies pointed out to the appellant
which are as under:-
"1. Faculty Deficiency of 18.8%
2. Residents Deficiency of 21.2%
3. Bed occupancy - 74.8%."
6. Thereafter opportunity of being heard was given to the
appellant and later on an order dated 18th May, 2019 (Annexure A-7
to the memo of this LPA) was passed by the respondents and the
appellant was not granted permission for renewal of fourth batch (150
MBBS students) for the academic year 2019-2020.
7. The appellant challenged the aforesaid decision of the MCI
dated 18th May, 2019 (Annexure A-7 to the memo of this LPA) on
various grounds including the ground that different are the parameters
of the respondents for different medical colleges. The appellant has
not waived his fundamental rights and the deficiencies which are
pointed out are in fact miscalculated deficiencies which is mainly on
the strength of 450 students and not on the basis of 150 students.
8. We have heard the counsel for both sides at length and looking
to the deficiencies pointed out by the Medical Council of India, the
requirement as per MCI are as under:-
Designation LOP 1st 2nd 3rd 4th Recognition
(1st Renewal Renewal Renewal Renewal
Batch) (2nd (3rd (4th (5th
Batch) Batch) Batch) Batch)
Faculty 65 94 100 117 132 132
Total
Resident 45 47 49 66 80 80
Total
9. As per the appellant, they are already having several faculty
members and resident doctors and they are as under:-
1st 2nd year 3rd year 4th year 5th year Current
year staff as
per R2
LOP 1st 2nd 3rd 4th
renewal renewal renewal renewal
10. We have perused the requirement as pointed out by the MCI
and also looking to the provisions of Section 10A of the Indian
Medical Council Act, 1956 especially Section 10(2)(a) to be read with
Section 10(7) of the Indian Medical Council Act, 1956, and also
looking to the fact that this appellant has to present a composite
scheme for all the years before the respondent/Medical Council of
India year after year, the students are going in the next year of study,
hence, if the first batch has reached to the fourth year, all the faculty
members are required with this appellant. It cannot be said that the
faculty members who are present in the first academic year, are in
proportionate with 150 students and, therefore, no additional faculty
members are required. It ought to be kept in mind that year after year
in the study of MBBS course, more subjects are required to be taught.
Consequently, for the clinical subjects, there is a requirement of
laboratory and other requirements for which also more faculty
members for the next academic years are also required and hence
always composite requirements are to be given by this appellant for
the faculty members as well as for the resident doctors. Hence, the
contention raised by the counsel for the appellant (original petitioner)
that the requirement should be calculated of the faculty members and
residents only on the basis of the 150 students, is not accepted by this
Court. If the first batch has reached to fourth year, then all the faculty
members and residents as pointed out by the Medical Council of
India, ought to have been employed by this appellant. Thus, the
requirement of the faculty members and residents cannot be
calculated only on the basis of 150 students but it ought to be
calculated on the basis of all the years requirement, the faculty
members and residents must be available. This aspect of the matter
has been properly appreciated by the Medical Council of India while
passing an order dated 18th May, 2019 (Annexure A 7) as well as this
aspect has been properly appreciated by the learned Single Judge
while deciding writ petition preferred by the appellant i.e. WP(C)
No.6898/2019 vide judgment and order dated 30th August, 2019. The
submission sought to be canvassed by Mr.Sarin is essentially, that, as
no intake of students was permitted for the academic years 2017-18 &
2018-19, the academic year 2019-20 should be treated as the second
batch and not the fourth batch. We are unable to agree. In advancing
this submission, the he ignores two facts, viz. that (i) the batch of
students admitted in 2016-17 are in its fourth year in 2019-20, and (ii)
the approval granted to the appellant, in 2016-17, was to a scheme,
and not to a batch. This scheme was composite, covering five years,
and required incremental enhancement of facilities and equipment.
The appellant having failed to comply, no fault can be found with the
decision of the MCI.
12. We are in full agreement with the reasons given by the learned
Single Judge in the judgment and order dated 30 th August, 2019. We
see no reason to take any other view than what has been taken by the
learned Single Judge and there is no substance in the appeal and the
same is dismissed.
13. Even otherwise also, the cut-off date for the academic year
2019-20 for getting such type of permission, has also been over. The
said cut-off date is 30th May, 2019 as per the decision rendered by the
Hon'ble Supreme Court in Ashish Ranjan & Ors. v. Union of India
& Ors., (2016) 11 SCC 225 in the tables incorporated at pages 226-
227, 227-228 and 228-229 of the decision as under :
―TIME SCHEDULE FOR RECEIPT OF APPLICATIONS FOR
ESTABLISHMENT OF NEW MEDICAL
COLLEGES/RENEWAL OF PERMISSION AND
PROCESSING OF THE APPLICATIONS BY THE CENTRAL
GOVERNMENT AND THE MEDICAL COUNCIL OF INDIA
Sl. Stage of processing Last date
Nos.
1. Receipt of applications by the Between 15th
Central Government. June to 7th
July (both
days
inclusive) of
any year
2. Forwarding application by the By 15th July
Central Government to the
Medical Council of India.
3. Technical scrutiny, assessment By 15th
and recommendations for letter December
of permission by the Medical
Council of India.
4. Receipt of reply/compliance from Two months
the applicant by the Central from receipt
Government and for personal of
hearing thereto, if any, and recommendat
forwarding of compliance by the ion from MCI
Central Government to the but not
Medical Council of India. beyond 31st
January
5. Final recommendations for the By 30th April
letter of permission by the
Medical Council of India.
6. Issue of letter of permission by By 31st May
the Central Government.
Note 1. - In case of renewal of permission, the
applicants shall submit the application to the Medical
Council of India by 15th July.
TIME SCHEDULE FOR RECEIPT OF APPLICATIONS FOR
INCREASE OF ADMISSION CAPACITY IN MBBS
COURSE/RENEWAL OF PERMISSION FOR INCREASE OF
SEATS AND PROCESSING OF THE APPLICATIONS BY THE
CENTRAL GOVERNMENT AND THE MEDICAL COUNCIL
OF INDIA
Sl. Stage of processing Last date
No.
1. Receipt of applications by Between 15th
the Central Government. June to 7th July
(both days
inclusive) of any
year
2. Forwarding application by By 15th July
the Central Government to
the Medical Council of
India.
3. Technical scrutiny, By 15th
assessment and December
recommendations of letter
of permission by the
Medical Council of India.
4. Receipt of Two months
reply/compliance from the from receipt of
applicant by the Central recommendation
Government and for from MCI but
personal hearing thereto, if not beyond 31st
any, and forwarding of January
compliance by the Central
Government to the
Medical Council of India.
5. Final recommendations By 30th April
for the letter of permission
by the Medical Council of
India.
6. Issue of letter of By 31st May
permission by the Central
Government.
Note 1.--In case of renewal of permission, the
applicants shall submit the application to the Medical
Council of India by 15th July.
TIME SCHEDULE FOR COMPLETION OF THE ADMISSION
PROCESS FOR FIRST MBBS COURSE
Sl. Schedule for Seats to be filled Seats to be
Nos.
admission up by the filled up by
Central the State
Government Government
through the All /Institution
India Entrance
Examination
1. Conduct of Between 1st to 7th Between
entrance May 10th to 17th
examination May
2. Declaration of By 1st June By 1st June
the result of the
qualifying
exam/entrance
exam
3. 1st round of To be over by Between 6th
counselling/ 25th June July to 15th
admission July
4. Last date for By 5th July By 22nd July
joining the
allotted college
and the course.
5. 2nd round of Between 23rd Between
counselling/ July to 30th July 10th to 22nd
admission for August
vacancies.
6. Last date of By 9th August By 28th
joining for the 2nd August
round of
counselling/
admission
7. Commencement of 1st of August 1st of August
academic
session/term
8. Last date up to By 31st
which students August
can be admitted/
joined against
vacancies arising
due to any reason
Note 1. - All India quota seats remaining vacant after
last date for joining i.e. 9th August will be deemed to be
converted into State quota.
2. Institute/college/courses permitted after 31st May will
not be considered for admission/allotment of seats for
current academic year.
3. In any circumstances, last date of admission/joining
will not be extended after 31st August.‖
14. Both the cut-off date for granting permission which is 31st May,
2019, have gone and for admission of the students i.e. 31st August,
2019 has also gone. The prayer in the writ petition of the petitioner,
as also the communication dated 18th May, 2019 impugned in the writ
petition, are specific to the academic year 2019-2020. The writ
petition has, therefore, effectively been rendered infructuous. Hence
also, we see no reason to entertain this Letters Patent Appeal. Hence,
there is no substance in the in the LPA which is hereby dismissed.
CM No. 42459/2019 (for stay)
1. In view of the dismissal of the appeal, this application also
stands dismissed.
THE CHIEF JUSTICE, J
C.HARI SHANKAR, J
OCTOBER 23, 2019/aa
