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Judgment
A. Kulasekaran, J.—The petitioner has filed the above writ petition seeking for a Writ of Certiorarified Mandamus to call for the records
comprised in the proceedings of the respondent dated 07-06-2001 in PU/AS I/Acs.8/2001/10/97/521 and quash the same and consequently
direct the respondent to grant affiliation for the petitioner Medical College from the academic year 2000-2001 in the light of the permission granted
by the Central Government and in the light of admission of students by the Centralised agency of the Government of Pondicherry for the academic
year 2000-2001 to enable the students of the petitioner institution to continue and complete the course by undertaking all examinations.
The matrix of case culled out from the affidavit are that the petitioner is a medical college which was established in the Union Territory of
Pondicherry after obtaining permission from the Government of India u/s 10(A) of the Indian Medical Council Act (hereinafter referred to as the
Act) from the academic year 2000-2001. The petitioner has approached the Government of Pondicherry for grant of essentiality certificate / No
Objection Certificate which was also given by the Government of Pondicherry vide its communication dated 28-05-1999 for the academic year
1999-2000. The respondent/University also granted No Objection Certificate by its proceedings dated 04-11-1999. The Central Government
after considering the application of the petitioner and after due inspection issued a letter of intent by its proceedings dated 17-11-2000 to the
petitioner''s college with an annual intake of 100 students with effect from the academic year 2000-2001 u/s 10(A) of the Act. The said letter was
issued to the petitioner subject to compliance of certain conditions. In the meantime, the academic year 2000-2001 was started and the petitioner
was corresponding with the respondent/University and the State of Pondicherry. The Pondicherry Government sent a letter dated 16-03-2001 in
reply to the petitioner''s request for allotment of students by the State Government out of the merit list based on the medical entrance test 2000 for
the 1st Year M.B.B.S. Course with effect from the academic year 2000-2001. The Central Government also by its communication dated 11-05-
2001 granted permission to the petitioner u/s 10(A) of the Act for starting the medical college with effect from the academic year 2000-2001
which is valid for a period of one year and it has to be renewed on yearly basis based on the verification of the achievement of annual target set out
in the project report. The Petitioner''s College was also directed not to admit more than one batch of students and directed to apply to the Medical
Council of India for renewal of permission before commencement of the next academic session. In short, the next batch of students could not be
admitted unless the renewal of permission was granted by the Central Government. The copy of the said letter dated 11-05-2000 was also
marked to the Pondicherry State Government as well as the respondent/University pointing out that Central Government had expressly permitted
the petitioner to admit the students for the academic year 2000-2001. On receipt of permission from the Central Government, the petitioner
requested the State Government to admit students in the 1st year M.B.B.S. Course for the year 2000-2001 in compliance with the permission
granted by the Central Government. The petitioner has also made similar request to the respondent/University for grant of affiliation by their
application dated 14-05-2001. The State Government by its communication dated 15-05-2001 requested the petitioner to inform whether the
Management had applied for affiliation for the 1st year M.B.B.S. Course and if so directed to send the copy of the application and the letter of
affiliation of the University. The Government of Pondicherry through its Centralised Admission Committee published notification in the newspapers
informing that the list of candidates who are provisionally selected for admission would be displayed in the notice board at the Pondicherry
Engineering College. Further, the selected candidates were directed to report at the office of the petitioner''s Medical college on 04-06-2001. The
State Government has also sent a letter dated 02-06-2001 to the petitioner enclosing the list of candidates who are provisionally selected. In and
by the said letter, the Government of Pondicherry forwarded a list of 35 candidates instead of 25 candidates under payment category since 10
candidates admitted in the free seat category were in the rolls of Vinayaga Medical College under payment category and their seats at Vinayaga
Medical College, Karaikkal would be converted into free seats as an internal adjustment. The petitioner was also required to collect Rs. 3000/- as
counselling fee from the candidates. The said list of candidates reported was also sent to the University. Inspite of the Central Government
permission and also the State Governments having proceeded to admit the students, the respondent/University sent the impugned communication
dated 07-06-2001 thereby informed the petitioner that the provisional affiliation for the academic year 2000-2001 was not feasible, hence this writ
petition.
Mr. Mohan Parasaran, learned Senior counsel appearing for the petitioner argued that the impugned order refusing to grant affiliation for the
academic year 2000-2001 and the reasons assigned by the respondent/University are illegal, arbitrary, unreasonable and contrary to the
procedures and instructions given by the Government of India; that the State Government has granted essentiality certificate to the petitioner''s
college as early as on 25-05-1999 for starting medical college from the academic year 1999-2000 which was followed by the respondent''s
consent of affiliation for the academic year 1999-2000 which was granted after consideration of various factors including the suitability and
feasibility etc., The learned senior counsel brought to the notice of this Court that pursuant to the letter of intent dated 17-11-2000 granted by the
Government of India, the petitioner had started the college from the academic year 2000-2001, later final approval was also granted by the
Central Government on 11-05-2001. Based on the said permission of the Central Government, the Government of Pondicherry alloted
candidates, however subject to affiliation granted by the Pondicherry University. The learned Senior counsel further argued that contrary to the
permission granted by the Central Government and after admission of students by the Government of Pondicherry, the respondent/University by
just ignoring the earlier precedent refused to grant affiliation on the sole ground that the academic year 2000-2001 is nearing the end and the
students could not satisfy the requisite days of attendance. The learned senior counsel also argued that in number of cases affiliation has been
granted after the commencement of the academic year or at the fag end of the academic year. In this case the State Government has recognised
and acted in harmony with the Central Government''s permission to admit the students, while so it is not fair on the part of the respondent to refuse
affiliation for the academic year 2000-2001. The learned Senior counsel also drawn the attention of this Court that Central Government has also
proposed to renew the permission for the academic year 2001-2002 for the second batch and as such the impugned order would only result in
serious consequences in as much as the petitioner cannot move the application for grant of renewal of permission for the academic year 2000-
2001; that in one case the affiliation was granted by Universities with retrospective effect on the approval granted by the Dental Council of India.
One other invalid reason for passing the impugned order was that the students already admitted for the academic year 2000-2001 could not satisfy
the requisite attendance. So long as the students undergo and complete the minimum required teaching and training they will be entitled to undergo
examinations as per the guidelines issued by the Government of India and Medical Council of India and as such the same cannot be sustained for
non-grant of affiliation by the respondent. The University is bound to grant affiliation based on the approval granted by the Central Government, the
students are fully equipped to appear for the examination and by virtue of rejection of the application, the students are prevented from appearing
the examination.
Mrs. Thilagavathy, learned counsel appearing for the respondent/University argued that the Central Government has granted permission by its
proceedings dated 11-05-2001 subject to the affiliation by the respondent for the academic year 2001-2002, which almost comes to an end. Even
the State Government and Central Government have granted permission subject to affiliation by the respondent. In any event, the petitioner ought
not to have admitted the students without obtaining prior clearance from the respondent/University. The University also sent the impugned
proceedings dated 07-06-2001 to the Government of Pondicherry stating that the application for affiliation from the petitioner has been received at
the fag end of the academic year. The learned counsel further argued that one of the reasons for not granting the affiliation was 210 days of
attendance by the candidates would not be feasible and the affiliation for the next academic year will be considered provided an application is
made by the petitioner to the respondent/University within the stipulated time after obtaining approval from the Union of India, Ministry of Health
and Family Welfare Department for renewing the initial permission. The contention of the petitioner that the students were admitted even prior to
the affiliation is a clear violation of the norms besides it is contrary to the guidelines issued by the Medical Council of India. The University by its
proceedings dated 26-06-2001 has also cautioned the petitioner not to run the college without prior and valid affiliation and a copy of the same
was also sent to the Government of Pondicherry (Centac). The notification dated 01-06-2001 and the proceedings dated 07-06-2001 of the
Government of Pondicherry made it clear that the provisional selection of all the candidates are subject to the approval by the respondent. The
learned counsel vehemently opposed that the failure of the petitioner in not obtaining the affiliation at the appropriate time would not entitle the
petitioner to seek permission before this Court. The learned counsel brought to the notice of this Court the procedures contemplated under the
Academic Ordinance framed under Statute Chapter 32 read with Section 5 (17) of Pondicherry Universities Act which requires an assessment to
be made by the University by an affiliation committee to be constituted by the academic council upon inspection of the proposed college and the
report of the committee will be considered by statutory body before granting affiliation and thereafter the affiliation would be granted. The
petitioner has applied for affiliation at the fag end of the academic year and the period available is not sufficient for even considering the provisional
affiliation.
The Government of Pondicherry by its proceedings dated 04-11-1999 permitted the petitioner to start a medical college during the academic
year 1999-2000 on the letter dated 10-08-1999 submitted by the petitioner wherein it is stated that the No Objection Certificate issued is subject
to the relevant provisions of affiliation of the Pondicherry University and also full compliance of the requirements of the University. The Government
of Pondicherry by its proceedings dated 23-10-2000 has granted linguistic minority status to the petitioner''s college. The Government of India,
Ministry of Health and Family Welfare Department by its proceedings dated 17-11-2000 granted permission to the petitioner for starting medical
college under Sec. 10(A) of the Act. In the said proceedings, it is categorically mentioned that after careful consideration of the scheme and taking
into consideration of the recommendations of the Medical Council of India in this regard, the Ministry was satisfied to grant letter of intent for
establishing a new medical college with an annual intake of 100 students from the academic year 2000-2001 under Sec. 10(A) of the Act. The
said letter of intent was also granted subject to the fulfilment that the applicant should provide infrastructural facilities as per the medical council of
India norms, provide bank guarantee, rectify all the deficiencies pointed out in the inspection report and no students should be admitted in the
college till the permission is granted by the Central Government. The Government of India, Ministry of Health and Family Welfare Department by
its proceedings dated 11-05-2001 granted approval for establishment of the petitioner''s college with an annual intake of 100 students with
prospective effect i.e., academic year 2000-2001 u/s 10(A) of the Act, initially for a period of one year. It is also stated in the said proceedings
that the same shall be renewed on the basis of verification of achievement of annual target set out in the project report. After receipt of the said
proceedings, the petitioner has sent a letter dated 11-05-2001 to the Chairman, Selection Committee, Government of Pondicherry intimating the
approval granted by the Central Government and requested it to allot 50% of the Candidates under free and payment seat category and informed
that the petitioner college is entitled to admit the remaining 50% of the students. The petitioner has also sent an application dated 14-05-2001 to
the respondent/University for granting provisional affiliation for the year 2000-2001 and enclosed the No Objection Certificate issued by the
Government of Pondicherry dated 28-05-1999, no objection/consent affiliation from the Pondicherry University dated 04-11-1999, letter for
allotment of students from the Pondicherry Government dated 16-03-2001 and letter of permission from the Government of India dated 11-05-
2001. The Government of Pondicherry by proceedings dated 18-05-2001 called upon the petitioner to send the letter of affiliation obtained from
the Pondicherry University. The Government of Pondicherry has also made a notification dated 01-06-2001 in the newspapers stating that list of
candidates who are provisionally selected for admission in 1st year M.B.B.S. Course in the petitioner''s medical college for the academic year
2000-2001 shall be published in the Pondicherry Engineering College and the selected candidates are directed to report to the petitioner''s college
on 04-06-2001. The Government of Pondicherry, Centralised Admission Committee (Centac) sent a letter dated 02-06-2001 to the petitioner
enclosing the names of 35 selected candidates, however it is mentioned that the admission are subject to the approval from the Pondicherry
University. The respondent/University sent the impugned order dated 07-06-2001 negativing the provisional affiliation sought by the petitioner. The
Government of Pondicherry also by proceedings dated 15-06-2001 called upon the petitioner to inform the action or proposed action against the
impugned order dated 17-06-2001 passed by the respondent/University.
The reasons assigned in the impugned order was that the Government of India, Ministry of Health and Family Welfare Department has granted
approval at the fag end of the academic year 2000-2001 as such it is not feasible for the students to gain attendance for the academic year 2000-
2001. Statute 32 of the Pondicherry University Act, 1985 deals with the admission of the Candidates stipulates in clause 2 that the College should
satisfy the executive council on matters of suitability and adequacy of infrastructural facilities, under clause 3 no college or institution shall be given
permission except on the recommendation of the academic council, Chapter 7 of the Academic Ordinance of the Pondicherry University stipulates
in clause (d) the requirement of the affiliation committee scrutinising the applications of the proposed college and its recommendation to the
academic council, clause (e) stipulates that the academic council after considering the report of the affiliation committee shall appoint an inspection
committee, clause (f) states that inspection committee shall inspect the site and submits its report to the University. These requirements as per the
Universities Act and Ordinance has to be completed before affiliation can be considered for the College and as such the admission of students
before affiliation has no validity. As per the Medical Council of India norms for M.B.B.S. Course in Chapter VII Clause 7 (3)requires that the
attendance for student should be approximately 210 teaching days. The Ministry of Health and Family Welfare Department accorded approval
only on 11-05-2001 and as such the attendance requirements for students cannot be practically attained in the academic year 2000-2001.
The University is also one of the agencies constituted by the Medical Council of India. Nodoubt, as per the ratio laid down in Unni Krishnan,
J.P. and others Vs. State of Andhra Pradesh and others etc. etc., , in view of the UGC Act, no Educational Institution except the University could
award degrees.
The ratio laid down by the Hon''ble Supreme Court in the below mentioned judgments can be made applicable to the case on hand.
i) Thirumuruga Kirupananda Variyarthavathiru Sundara Swamigalme Vs. State of Tamil Nadu and Others,
ii) (1994) 8 S C C 605 (State of U.P. Vs. Praveen Kumar Sharma)
In both the cases, the Apex Court held that for establishing medical colleges, opening of higher courses of study and increase of intake capacity,
the permission of the Central Government alone is required as the same was made consequent to the recommendations of the Medical /Dental
Council of India.
iii) AIR 2000 Supreme Court 1614 (Jaya Gokul Educational Trust Vs. Commissioner and Secretary to Government, Higher Education
Department, Thiruvananthapuram and another) wherein in Para No.22 it has been held thus:-
...As held in the Tamil Nadu Case 1995 AIR SCW 2179 the Central Act of 1987 and in particular, Section 10 (K) occupied the field relating the
grant of approvals for establishing technical institutions and the provisions of the Central Act alone were to be complied with.
...In case of difference of opinion as between the various consultees, the AICTE would have to go by the views of the Central Task Force. These
were sufficient safeguards for ascertaining the views of the State Governments and the Universities. No doubt the question of affiliation was a
different matter and was not covered by the Central Act but in the Tamil Nadu case, it was held that the University could not impose any
conditions inconsistent with the AICTE Act or its Regulation or the conditions imposed by the AICTE. Therefore, the procedure for obtaining the
affiliation and any conditions which could be imposed by the University, could not be inconsistent with the provisions of the Central Act.
This judgment of the Apex Court is squarely applicable to the facts of the case on hand.
Admittedly in this case, after obtaining the recommendations of the Medical Council of India, the Central Government has granted the letter of
intent to the petitioner college for the establishment of a new Medical College in Pondicherry. Once the approval was granted by the Central
Government, if there is any default on the part of the college in compliance with the conditions of approval, the University as one of the agencies of
the Medical Council of India, could bring those facts to the Medical Council of India so that the Medical Council of India could take appropriate
action. Admittedly, the respondent University after receipt of the application dated 14.5.2001 from the petitioner witnessed the developments i.e.,
paper publication dated 1.6.2001 issued by the Government of Pondicherry, the list of selected candidates to the petitioner college and the
admission of students by the petitioner''s college. In this case, the university has not taken any steps to constitute an affiliation committee for
inspection nor placed the matter before the executive committee, but refused to grant affiliation for the academic year 2000-2001 on the sole
ground that the application was received at the fag end of the academic year. Admittedly the university did not find fault with the infrastructural
facility provided by the college. Indeed the Central Government was satisfied with the said facility has permitted the college to admit the students
with an annual intake capacity of 100 students.
The Central Government, the State Government, the Medical Council of India and the University work together and grant affiliation. Once the
Central Government has granted permission to admit the students with effect from 2000-2001 academic year, it is not right on the part of the
university to prescribe a different period by rejecting the application for affiliation. Moreover, the university cannot dictate the petitioner to admit
students after affiliation. The reasons assigned by the university is that the Central Government has granted approval at the fag end of the academic
year as such it was not feasible for the students to satisfy the requisite attendance. The learned Senior Counsel appearing for the petitioner argued
that the college and the students are aware of the norms of the Medical Council of India for M.B.B.S. Course as contemplated under Chapter II
clause 7 (3) that requisite working days are essential to appear for the examinations and it is for the Medical Council of India to permit the students
as per the norms prescribed to that effect as such the reasons assigned by the respondent/University for rejecting the affiliation is unsustainable in
Law.
The University shall, on the basis of the permission granted by the Medical Council of India/Central Government and other relevant factors in
the University Act/Statute, which are not inconsistent with the Medical Council of India Act and its regulations grant affiliation. It is well settled that
all the authorities, including the Medical Council of India, Central Government, State Government and University shall pass orders consistently
following each other, however in terms of their own norms and regulations which shall not be in any event inconsistent with Central Government.
It is also necessary that under Chapter VII of Academic Ordinances which is framed under Statute 32 read with Section 5(17) of the Act,
which requires an assessment to be made by the University by the affiliation committee to be constituted by the academic council to be followed
upon by an inspection of the proposed college and the report of the inspection committee would be considered by the statutory bodies whereupon
affiliation would be made. In this case, the respondent without following the same has just turned down the request for affiliation made by the
petitioner besides that no other valid reason is assigned.
For the above reasons, the impugned order passed by the respondent/University is liable to be set aside and accordingly set aside. I remand
the matter back to the respondent/University to pass orders afresh on the application for affiliation as contemplated under Chapter IV of the
Academic Ordinance framed under Statute 32 read with Section 5 (17) of the Pondicherry University Act, 1985 keeping in mind the observations
made by me supra, the permission granted by the Central Government on the recommendations of the Medical Council of India and the admission
of students in the Petitioner''s college from the academic year 2000-2001 within a period of four weeks from today.
This writ petition is ordered on the above terms. No costs. Consequently, connected WPMPs are also closed.