AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioners have preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs:
“(i) The impugned order dated 01.05.2018 (Annex.20) may kindly be quashed and set aside with all consequential directions.
(ii) The respondent No.1 may be directed to grant 2nd renewal (3rd batch) to the petitioner college for the academic session 2018-19 with all
consequential benefits.
(iii) By an appropriate writ, order or direction, therespondents may be directed to include the petitioner college in the counselling to allot students to it
for admission of First Year MBBS course pursuant to NEET 2018 for the academic session 2018-19.
(iv) Any other appropriate order or direction, which thisHon’ble Court considers just and proper in the facts and circumstances of this case, may
kindly be passed in favour of the petitioners.
(v) Costs of the writ petition may kindly be awarded to thepetitioners.â€
That the petitioner is a medical college having the first batch of 150 students admitted in the academic session 2016-17. The petitioner continued to
run the MBBS Course in compliance of the guidelines as issued by the Medical Council of India from time to time. The petitioner is also a college
affiliated to Rajasthan University of Health Sciences. The petitioner faced an order dated 01.05.2018 (Annexure 20), refusing the renewal permission
from the respondents, which reads as under:
“Subject: Renewal of permission for admission of 3rd Batch (150) seats in MBBS Course at American International Institute of Medical Sciences,
Jaipur for the academic year 2018-19 â€" Disapproval of the Scheme.
Whereas the Medical Council of India vide letter dated 06.01.2018 recommended to the Ministry of Health & Family Welfare not to renew the
permission for admission of 150 MBBS seats in the year 2018-19 (3rd Batch) at American International Institute of Medical Sciences, Jaipur
infroming as under: “The Executive Committee of the Council considered the assessment report (5th and 6th December, 2017) alongwith letter
from the Assessors dated 7.12.2017 enclosing Self explanatory photographs and CD and noted the following:1. The campus is divided in two parts,
separated by a public road leading to a railway crossing and then to a village. College & Hospital are in 1 Plot measuring 14.245 Acres on one side of
road and hostel and quarters on another side measuring 6.523 Acres on other side. Public transport plies on the road. On the public road, vendors &
small establishments have set up their stalls.
Deficiency of faculty is 21%.
Shortage of residents is 18.36%.
OPD attendance upto 2 p.m. as verified by assessors was374 against requirement of 750.
Bed Occupancy at 10 a.m. on day of assessment was 52%.
There was NIL Normal Delivery & 1 Caesarean Section onday of assessment.
CT Scan is not installed & not functional as verified.
O.T.: O.T. record is not maintained Departmentwise &Unitwise.
ICUs: There was NIL patient in ICCU, NICU/PICU & only 2 patients in SICU on day of assessment.
Wards: In Ophthalmology & ENT, there is no entry of ofany IP patient in IPD register after 30.11.2017. In Tb & Chest, Male & Female patients
are kept in a common ward separated by a partition.
Central Research laboratory : Facilities are notadequate.
Anatomy department: only 6 cadavers are available.
RHTC: Specialists’ visits are not organized. No  Paramedical  staff  is  posted  for Survey/MCH/Immunization/FP Work.
No activities under National Health Programmes are carried out.
UHC: Specialists’ visits are not organized. No record ofMCH/Immunization work are available. There is no attendance register for staff.
Website: Information uploaded is sketchy as detailed inthe report.
Other deficiencies as pointed out in the assessmentreport.
In view of above, the Executive Committee of the Council decided to recommend to the Central Govt. not to renew the permission for admission of
3rd Batch of 150 MBBS students at American International Institute of Medical Sciences, Udaipur under Rajasthan University of Health Sciences,
Jaipur u/s 10A of the IMC Act, 1956 for the academic year 2018-2019.
The Executive Committee further decided to reiterate its earlier decision that the applicant has failed to meet the qualifying criteria u/s 3(2)(2) of
Establishment of Medical College Regulations, 1999 pertaining to ‘suitable single plot of land’.
Whereas, as per Section 10A(4) of Indian Medical Council (IMC) Act, 1956, the institute was granted hearing on 19.01.2018 in the Ministry to
present the case of the institute vis-a-vis disapproval letter of the MCI;
Whereas the Hearing Committee, after considering the submissions/compliance furnished by the Institute, observed as under:
“The assessment report points out that the college and hospitals are situated on one plot of land and hostel and quarters on another. The implication
seems to be that the college and associated buildings should be on the same plot and thus a violation of the regulations. The committee observes that
as per MCI regulations the college buildings may be on either piece of land. Hospital should necessarily be a unitary campus. The college could not
produce satisfactory evidence regarding publications by the faculty, the ground on which they were not accepted. Further they have failed to produce
reliable evidence on OPD and Bed Occupancy in view of the above, the recommendation of the MCI for disapproval may be accepted.â€
A copy of the Hearing Committee report containing their observation is enclosed.
Whereas Hon’ble Supreme Court vide its order dated 09.10.2017 in Writ Petition (c) No.450/2017 and other connected matters directed MCI
to conduct a surprise inspection in respect of the College. Vide subsequent order dated 17.01.2018 the Supreme Court directed Medical Council of
India and Govt. of India to take a decision in the matter by 31.03.2018 in accordance with law for the year 2018-19.
Now therefore, the Central Government, after considering therecommendation dated 06.01.2018 of MCI, has decided not to renew the permission
for admission of 3rd batch of 150 MBBS students at American International Institute of Medical Sciences, Jaipur in the academic session 2018-19.
The institute is accordingly directed not to admit any student in MBBS Course for the academic session 2018-19. However, the college is free to apply
afresh for next academic year strictly as per Provision of IMC Act, 1956 and Regulations framed thereunder.â€
The order of non-renewal was challenged by the petitioner before this Court by filing a belated writ petition on 23.08.2018.
Learned counsel for the petitioners Mr. M.S. Singhvi, Senior Counsel assisted by Mr. Hemant Dutt, Advocate, have tried to demonstrate from the
record that the objection pertaining to the land and hostel of the college and hospital already stand resolved.
Learned Senior Counsel has also shown from the record the refutation to the renewal on account of publication by the faculty and other grounds
are not acceptable.
Learned Senior Counsel has also made frantic efforts to point out evidence on OPD and bed occupancy by showing the registers and has tried to
establish the case of blatant arbitrariness on the face of it.
Learned Senior Counsel has referred to the judgment rendered by the Hon’ble Apex Court in Hind Charitable Trust Shekhar Hospital Private
Limited Vs. Union of India & Ors. reported in (2015) 2 Supreme Court Cases 336, so as to make out a point that the renewal has to be considered in
the right perspective, which shall be narrower than the purpose of initial recognition.
Learned Senior Counsel has also relied upon the judgment of Hon’ble Apex Court in Royal Medical Trust (Registered) and Another Vs. Union
of India and Another reported in (2015) 10 Supreme Court Cases 19.
However, after hearing the arguments at length, when this Court was not satisfied to make any interim interference as it would be impossible for
this Court to adjudicate the factual disputes regarding the land, patients and the faculty members, therefore, learned Senior Counsel made an
alternative submissions that the matter may be referred to the newly constituted Oversight Committee.
Learned Senior Counsel in this regard, has shown the precedent law of Hon’ble Apex Court in IQ City Foundation and Another Vs. Union of
India and Others reported in (2017) 16 Supreme Court Cases 249, the relevant portion of the judgment reads as under:
“Having said this, we are not inclined to close the matter. The petitioners have been running the College since 2013-14. We have been apprised
that students who have been continuing their education shall continue for 2017-18. As we find the order of the Central Government is not a reasoned
one. It is obligatory on its part to ascribe reasons. For the said purpose, we would like the Central Government to afford a further opportunity of
hearing to the petitioners and also take the assistance of the newly constituted Oversight Committee as per the order dated July 18, 2017 passed by
the Constitution Bench in Writ Petition (Civil) No. 408 of 2017 titled Amma Chandravati Educational and Charitable Trust and others v. Union of
India and another and thereafter take a decision within two weeks. Needless to say, the decision shall contain reasons. We repeat at the cost of
repetition that the decision must be an informed one.â€
On the other hand, learned counsel for the respondents have submitted that due to short notice, they are still unable to take appropriate instructions,
but since the order dated 01.05.2018 has been belatedly challenged, therefore, no interim or final consideration of relief should be made by this Court
and the admission process will itself come to an end on 31st August, 2018 for this year.
Learned counsel for the respondents have also relied upon the judgment of Hon’ble Apex Court in Mahaveer Institute of Medical Sciences &
Anr. Vs. Union of India & Anr. in Civil Original Jurisdiction Writ Petition (C) No. 818 of 2018 dated 06.08.2018. The relevant portion of the judgment
reads as under:
“4. We have heard Mr. Mukul Rohatgi, learned Senior Counsel for the Petitioner, Ms. Pinky Anand, learned Additional Solicitor General for the
Union of India and Mr. Vikas Singh learned Senior Counsel for the MCI. Mr. Rohatgi submitted that the inspection conducted on 13.03.2018 was in
violation of the Assessor’s Guide 2018-2019. According to him, the attendance was taken by one Assessor at 10:20 am which concluded at 11:00
am. The clinical staff could report only at 11:15 am as they were on duty in the O.T., Labour Room, Procedure Room, ICUs, Casualty etc. in the
hospital. He also submitted that it was impermissible for the Assessors to give their opinion regarding the genuineness of the inpatients.
This Court is not equipped to adjudicate a factual dispute regarding the existence of staff, patients, clinical material and other facilities in a medical
college and hospital. Deference has to be shown to findings of an expert body which has found that the facilities in the Petitioner-College are
inadequate. Unless there is a jurisdictional error or ex facie perversity in an inspection report, this Court will not interfere with a decision taken on the
basis of recommendation of an expert body. See Medical Council of India Vs. Kalinga Institute of Medical Sciences (KIMS) & Ors. 2016 (11) SCC
530.â€
Learned Senior Counsel has however submitted that since 31.08.2018 is the last date and the end of the session was to be a death knell of the
college, therefore, this Hon’ble Court need to pass the necessary final orders.
After hearing learned counsel for the parties as well as perusing the record of the case, alongwith the precedent law cited by either of the parties,
this Court is of the opinion that at this stage when even the pleadings are not complete but due to the last date of 31.08.2018 for closing of the medical
admissions as laid down by the Hon’ble Apex Court, the urgency shown by the learned Senior Counsel is understandable in the given
circumstances. Rather than delving into the factual matrix, which would be impossible to be adjudicated at this stage, this Court deems it appropriate to
dispose of the present writ petition by directing the respondents to refer the matter to the newly constituted Oversight Committee, as per the order
dated 18.07.2017 passed by the Constitution Bench in Writ Petition (Civil) No. 408 of 2017 titled Amma Chandravati Educational and Charitable Trust
and Ors. Vs.Union of India (UOI) and Ors. reported in (2017) 16 SCC 265.
The reference to the newly constituted Oversight Committee shall be in terms of the order of Amma Chandravati Educational and Charitable
Trust (supra) and IQ City Foundation (supra); the Committee shall take a decision within two weeks of receiving a recommendation from the
respondents and the respondents shall be required to make a recommendation within a week from receiving the certified copy of this order. It is
needless to say that the decision to be taken by the Oversight Committee shall contain detailed reasons, and thereafter, the conclusion arrived by
Oversight Committee shall be sent to the Central Government to take final decision, which shall be taken strictly in accordance with law within a
period of 30 days thereafter. The Central Government shall make the necessary consideration regarding the merits of the case as well as the time
schedule, strictly in accordance with the schedule to the Establishment of Medical College Regulations, 1999 as amended upto July, 2018.
With the aforesaid observations and directions, the present writ petition is disposed of.