COURT OF JUDICATURE AT MADRASDated : 05..12..2008 MThe Honourable Mr. A.K. Ganguly v. SRM University (Established u/s.3 of theUGC Act

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 05..12..2008C O R A MThe Honourable Mr. A.K. Ganguly, Chief JusticeandThe Honourable Mr. Justice K. ChandruWrit Appeal No.1413 of 2008Writ Petition No.4348 of 2008W.A. No.1413 of 2008 :Medical Council of India,Rep. by its Secretary,Sector-8, Pocket-14,Dwarka, New Delhi-110 077... Appellant/2nd Respondent versus1.SRM University (Established u/s.3 of theUGC Act, 1956), No.3, Veerasamy Street,West Mambalam, Chennai-33, rep. by itsRegistrar Prof. N. Sethuraman.2.Govt. of India,Rep. by its Secretary,Ministry of Health and Family Welfare,Nirman Bhavan, New Delhi-110 011.3.The State Government of Tamil Nadu,Rep. by its Secretary,Health and Family Welfare Department,Fort St. George, Chennai-9... Respondents/Petitioner & 1st and 3rdRespondentsW.P. No.4348 of 2008 :SRM University(Established under Sec.3 of theUGC Act, 1956), rep. by its Registrar Prof. N. Sethuraman,No.3, Veerasamy Street,West Mambalam, Chennai-33... Petitionerversus https://hcservices.ecourts.gov.in/hcservices/

1.Government of India, rep. by itsSecretary (Ministry of Health & FamilyWelfare), Maulana Azad Road,Nirman Bhavan,New Delhi-110 011.2.Medical Council of India,Kotla Road, New Delhi.3.The State Government of Tamil Nadu,Rep. by its Secretary,Health and Family Welfare Department,Fort St. George, Chennai-9... Respondents- - - - -Prayer : Writ Appeal filed under Clause 15 of theLetters Patent against the order of a learned singleJudge of this Court dated 22.2.2008 made in M.P. No.2of 2008 in W.P. No.4348 of 2008.Writ Petition filed under Article 226 of theConstitution of India seeking to issue a writ ofmandamus forbearing the 1st respondent from returningthe proposal of the petitioner to establish ChennaiMedical College & Hospital at Irungular Village,Manachanallur Taluk, Tiruchirappalli District, TamilNadu to start 1st year MBBS Course and direct the 1strespondent to process the proposal independently andgrant permission/approval to establish Chennai MedicalCollege & Hospital at Irungalur Village, MachanallurTaluk, Tiruchirappalli District, Tamil Nadu to start 1styear MBBS Course, without insisting on EssentialityCertificate from the State Government of Tamil Nadu.- - - - - (In Writ Appeal) For Appellant : Mr. V.P. Raman For Respondent-1 : Mrs. B. Saraswathi For Respondent-2 : Mr. Mohana Murali, S.C.C.G. For Respondent-3 : Mr. Raja Kalifulla, Govt. Pleader (In Writ Petition) For Petitioner : Mrs. B. Saraswathi For Respondent-1 : Mr. Mohana Murali, S.C.C.G. For Respondent-2 : Mr. V.P. Raman For Respondent-3 : Mr. Raja Kalifulla, Govt. Pleader- - - - -J U D G M E N T https://hcservices.ecourts.gov.in/hcservices/ ( Delivered by The Honourable The Chief Justice )Heard the learned counsel for the parties. The writ appealhas been filed against an interim order dated 22.2.2008 passed bya learned Judge of the writ court on a writ petition which wasfiled by the SRM University for starting a medical college calledChennai Medical College and Hospital at Irungalur Village,Manachanallur Taluk, Tiruchirappalli District. The learnedJudge, after hearing the learned counsel for the parties, waspleased to grant interim order to the following effect :"It is open to the respondents to process theapplication in terms of law. Simultaneously, theMedical Council of India is directed to process theproposal of the petitioner to establish Chennai MedicalCollege and Hospital at Irungalur Village,Manachanallur Taluk, Tiruchirappalli District, TamilNadu, to start I Year MBBS Course, including theinspection second respondent for the academic year2008-2009, without insisting on EssentialityCertificate from the State Government of Tamil Nadu."2. We have perused the said direction of the learned singleJudge. It appears that in the first sentence, the learned singleJudge directed the respondents to process the application interms of law, but thereafter, the learned single Judge has goneon giving further direction, and the most vital part of the orderis that a direction was given for inspection of the writpetitioner-University by the Medical Council of India withoutinsisting on the Essentiality Certificate from the StateGovernment.3. Before us, the learned counsel appearing for theappellant has drawn our attention to the Medical Council of India(Establishment of Medical College) Regulations, 1999. Fromparagraph 3 of the said Regulations, it appears as follows :-"3. FORM AND PROCEDURE :Subject to the fulfilment of the above eligibilityand qualifying criteria, the application toestablishment of medical college in Form-1 shall besubmitted by the person in the following parts, namely– Part-IPart-I of the application shall contain thefollowing particulars about the person, namely, (1)Status of the applicant in terms of theeligibility criteria; https://hcservices.ecourts.gov.in/hcservices/ (2)Basic infrastructural facilities, manegerial andfinancial capabilities of the applicant (Balance Sheetsfor the last three years in case the person is not aState Government or a Union Territory).(3)Necessary certificates/documents as prescribed inqualifying criteria under paragraph 2."The necessary certificate/document as prescribed in thequalifying criteria under paragraph 2 would include theessentiality certificate. This appears from paragraph 2 whichdescribes the qualifying criteria and sub-paragraph (3) ofparagraph 2 prescribes as follows :"(3) that Essentiality Certificate in Form 2regarding No objection of the State Government/UnionTerritory Administration for the establishment of theproposed medical college at the proposed site andavailability of adequate clinical material as per thecouncil regulations, have been obtained by the personfrom the concerned State Government/Union TerritoryAdministration."4. Reference in this connection may be made to the judgmentof the Honourable Supreme Court in the case of Dental Council ofIndia vs. S.R.M. Institute of Science & Technology reported in(2004) 9 S.C.C. 676. In paragraph 10 of the said judgment, theSupreme Court did not approve of a similar interim order whichwas passed in that case. The observation made by the learnedJudges in paragraph 10 is set out below :"When that is the position in law, the High Courtought not to have made an interim order to process theapplication even in the absence of the permission oressentiality certificate because the application willnot be complete without being accompanied by permissionor essentiality certificate by the State Governmentalong with certain other documents. An incompleteapplication cannot be processed either by the CentralGovernment or the Dental Council. The argument advancedon behalf of the respondents will set at naught the lawthat in certain cases the courts need not insist onproduction of permission or essentiality certificate ofthe State Government, particularly, when theregulations insist upon the same."(underlined foremphasis)5. In view of the above observations of the HonourableSupreme Court, the learned Judge of the writ court should nothave passed the interim order in the way it has been passed. Butin the facts and circumstances of the case, the matter has nowbecome infructuous inasmuch as the Essentiality Certificate has https://hcservices.ecourts.gov.in/hcservices/ now been issued by the State Government. So, even though thematter might have become infructuous, we set aside the interimorder which was granted by the Court. The writ appeal is,however, dismissed as having become infructuous.6. In view of the above, the writ petition also standsdismissed. There shall be no order as to costs. Consequently,M.P. No.2 of 2008 in the writ petition is closed.Sd/Asst.Registrar/true copy/Sub Asst.Registrarab To1.Secretary (Ministry of Health & Family Welfare), Government of India, Maulana Azad Road,Nirman Bhavan,New Delhi-110 011.2.Medical Council of India,Kotla Road, New Delhi.3.The Secretary,Health and Family Welfare Department,State Government of Tamil Nadu,Fort St. George, Chennai-9.+1cc to Mr.V.P.Raman, Advocate Sr 68360+1cc to M/s.B.Saraswati,Advocate Sr 68374+1cc to Mr.Mohanamurali, SCCG Sr68352+1cc to Govt. Pleader Sr 68428RSM(CO)km/12.12.Writ Appeal No.1413 of 2008Writ Petition No.4348 of 2008