Delhi High Court
Mulayam Singh Yadav Medical ... vs Union Of India & Ors on 13 September, 2019
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 13.09.2019
+ LPA 594/2019
MULAYAM SINGH YADAV MEDICAL COLLEGE AND
HOSPITAL & ANR ..... Appellants
Through: Mr. Deepak Agarwal, Mr. Abhay
Kumar Tayal, Mr. Nishant Prateek & Mr. Akash
Gupta, Advs.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Jasmeet Singh, CGSC for R-1
Mr.T.Singhdev, Adv. for R-2 & R-3
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
: D.N. PATEL, CHIEF JUSTICE (Oral)
C.Ms.No.41011/2019 & 41013/2019 (exemptions)
Allowed, subject to all just exceptions.
LPA No.594/2019
1. These appellants are the original petitioners whose writ petition being
W.P.(C) 7159/2019 was dismissed by the learned Single Judge vide
judgment and order dated 29th August, 2019 (Annexure P-1 to the memo of
this LPA) and hence the original petitioners have preferred the present
Letters Patent Appeal.
2. Counsel appearing for the appellants submitted that the appellants are
seeking renewal of permission for admission of second batch of students in
the MBBS Course for the Academic Year 2019-2020 in their medical
college. First batch of students were granted admission last year.
3. Having heard the counsel for appellants (original petitioners) and
counsel for respondents, it appears that these appellants were in search of
renewal of permission to admit the students in second batch of MBBS
Course for the Academic Year 2019-2020. It further appears from the facts
of the case that earlier inspections were carried out by the respondent Nos.2
and 3 at the premises of the appellant No.1 (original petitioner No.1)
wherein deficiencies were found which resulted in detailed communication
between respondents and the appellants. There are two communications;
1st
one is dated May, 2019 (Annexure P-12) and another is dated 18th May,
2019 (Annexure P-14 to the memo of this LPA).
4. Learned counsel appearing for the appellants further submitted that as
per the appellants there were no deficiencies left out to be complied. The
appellant sent a communication dated 6th May, 2019 (Annexure P-13) to
consider request for renewal of permission to admit the students in second
batch of MBBS Course for the Academic Year 2019-2020. Personal hearing
was given by the respondent Nos.2 and 3 to the appellants on 7th May, 2019
and thereafter final order was passed on 18th May, 2019 (Annexure P-14 to
the memo of this LPA). It appears from the facts of the case that as per
respondent Nos.2 and 3 there are several deficiencies which were to be
complied with by these appellants for grant of renewal of permission to
admit the students in the second batch in the MBBS Course for the
Academic Year 2019-2020. Counsel for the appellants has relied upon the
notification issued by the respondents dated 25th June, 2019 (Annexure P-19
to the memo of this LPA) whereby it is submitted that if there is any
deficiency in the requirements prescribed in the minimum Standard
Requirement Regulation then pro-rata students can be allowed to be
admitted.
5. It is submitted by the counsel for respondent Nos.2 and 3 that as per
the time schedule propounded by the Hon'ble Supreme Court in Ashish
Ranjan and Ors. v. Union of India and Ors. in (2016) 11 SCC 225
specially in para 2 at page No.227 and another time bound schedule given in
the very same paragraph at page 228 prescribed that the last date for the
issuance of the Letter of Permission by the respondent No.1 is 31st May,
2019. As this date has already gone, no relief as prayed for can be granted
in this writ petition. This aspect of the matter has been properly appreciated
by the learned Single Judge and hence this appeal may not be entertained by
this Court. Similarly, it is further submitted by the counsel for respondents
that as per the aforesaid decision, the time limit to give admission to the
students in the MBBS Course is 31st August, 2019. This date has also gone
by now and hence also the prayer as prayed for in the writ petition cannot be
granted. This aspect of the matter has also been appreciated by the learned
Single Judge while deciding W.P.(C) 7195/2019 vide judgment and order
dated 29th August, 2019, hence this appeal may not be entertained by this
Court.
6. In view of the aforesaid decision rendered by the Hon'ble Supreme
Court and as per the observations in paras 2 and 3, the relevant time limit
reads as under:
"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. Nos. Stage of processing Last date
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 of letter of December
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 COMPLETION OF THE
ADMISSION PROCESS FOR FIRST MBBS COURSE
Sl. Nos. Schedule for Seats to be filled Seats to be
admission up by the Central filled up by the
Government State
through the All Government/In
India Entrance stitution
Examination
1. Conduct of Between 1st to 7th Between 10th to
entrance May 17th May
examination
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 25th Between 6th
counselling/ June July to 15th
admission July
th
4. Last date for By 5 July By 22nd July
joining the
allotted college
and the course.
5. 2nd round of Between 23rd July Between 10th to
counselling/ to 30th July 22nd August
admission for
vacancies.
6. Last date of By 9th August By 28th August
joining for the 2nd
round of
counselling/
admission
7. Commencement of 1st of August 1st of August
academic
session/term
8. Last date up to By 31st August
which students
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 2ill
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."
9. In view of the aforesaid time limit prescribed in the decision rendered
by the Hon'ble Supreme Court, the prayer as prayed by the appellants in the
appeal cannot be granted. The date of 31st May, 2019 has already passed
and hence no renewal of the permission to admit second batch of students in
the MBBS Course for the Academic Year 2019-2020 can be granted now.
Similarly, 31st August, 2019 has already passed and no student can be
admitted in the second batch of MBBS Course with these appellants medical
college. Hence, we see no reason to entertain this appeal.
10. We are not going into the details of the notification dated 25 th June,
2019 (Annexure P-19 to the memo of this LPA) and the so called
compliance as alleged by these appellants stated in their communication
dated 6th May, 2019 (Annexure P-13 to the memo of this LPA). These
issues are kept open. Thus, in view of the aforesaid time limit prescribed by
the Hon'ble Supreme Court, no relief as prayed for by these appellants can
be granted for seeking permission and giving admission to the second batch
of students in the MBBS Course for the Academic Year 2019-2020.
11. With the aforesaid observations, this Letters Patent Appeal is
dismissed.
CM APPLs.41012/2019 & 41014/2019
12. In view of the order passed in LPA 594/2019, these applications are
also dismissed.
CHIEF JUSTICE
C.HARI SHANKAR, J
SEPTEMBER 13, 2019
ns
