THE HONOURABLE MS v. Chennai Medical College, Hospital and Research Centre, Trichy

1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 21.06.2011CORAM:THE HONOURABLE MS.JUSTICE K.SUGUNAANDTHE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMYW.A.(MD).Nos.463 to 466 of 2011and M.P.Nos.1,1,1,1,2,2,2 and 2 of 2011yMedical Council of IndiaRepresented by its Secretary,Pocket – 14, Sector – 8, Dwarka Phase I,New Delhi 110 001. : Appellant in all casesVs.1.Chennai Medical College, Hospital and Research Centre, Trichy, Represented by its Dean, Irungalur, Mannachallur Taluk, Trichy 621 105.2.Government of India, Rep by its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi 110 011.3.The Tamil Nadu, Dr.M.G.R.Medical University, 69, Anna Salai, Guindy, Chennai 600 032. : Respondents in all casesPRAYER in W.A.(MD).No.463 of 2011: Writ Appeal is filed under Clause 15of the Letters Patent against the Order dated 10.03.2011 made in M.P.(MD).No.1 of 2011 in W.P.(MD).No.2773 of 2011 on the file of this Court. PRAYER in W.A.(MD).No.464 of 2011: Writ Appeal is filed under Clause 15of the Letters Patent against the Order dated 10.03.2011 made in M.P.(MD).No.2 of 2011 in W.P.(MD).No.2773 of 2011 on the file of this Court. PRAYER in W.A.(MD).No.465 of 2011: Writ Appeal is filed under Clause 15of the Letters Patent against the Order dated 08.04.2011 made in M.P.(MD).No.1 of 2011 in W.P.(MD).No.2773 of 2011 on the file of this Court. PRAYER in W.A.(MD).No.466 of 2011: Writ Appeal is filed under Clause 15of the Letters Patent against the Order dated 08.04.2011 made in M.P.(MD).No.2 of 2011 in W.P.(MD).No.2773 of 2011 on the file of this Court. PRAYER IN MP(MD)1 & 2/11 IN WP(MD) 2773/11 :i) To grant stay of all further proceedings pursuant to the letter ofthe 2nd respondent in MCI-34(MC)/2009-TN-31-71842 dated 28.02.2011.ii) To grant an Ad-Interim Direction directing the second respondentto inspect forthwith and proceed to grant the renewal of permission forthe third year for the academic year 2011-12 to the Chennai MedicalCollege and Hospital and Research Centre at Trichy without insisting uponthe discharge of 150 students as per the impugned letter of the secondrespondent in MCI-34(MC)/2009-TN-31/71842 dated 28.02.2011 forthwithrespectively, pending disposal of the above said writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2For Appellants: Mr.R.Thiyagarajan[in both Writ Appeals]Senior CounselFor Mr.V.P.RamanFor Respondent 1: Mr.V.T.Gopalan[in both Writ Appeals]Senior CounselFor Mr.G.R.SwaminathanFor Respondent 2: Mr.K.K.SenthilvelanASGIFor Respondent 3: Mr.C.Karthik COMMION JUDGMENT[Common Judgment of the Court was delivered BY K.SUGUNA, J]These Writ Appeals are filed as against the orders dated 10.03.2011and 08.04.2011 passed in M.P.(MD).No.1 of 2011 in W.P.(MD).No.2773 of2011 and M.P.(MD).No.2 of 2011 in W.P.(MD).No.2773 of 2011 respectively,wherein an order of interim stay, which is under challenge in these WritAppeals, was granted and a direction was also issued to the MedicalCouncil of India, the appellant herein, for inspection of the firstrespondent college and to submit a report with regard to the renewal ofpermission and approval granted. As against the said interim orders, theMedical Council of India has filed these Writ Appeals.2. It is the stand of the learned Senior Counsel appearing for theappellant that contrary to the directions issued by the officialrespondents, 150 students were admitted by the first respondentcollege/Writ Petitioner to the first year M.B.B.S., Course for theacademic year 2009 – 2010, and therefore, the discharge orders werepassed by the appellant herein. When the admission itself is not inconformity with the Rules, certainly, 150 students cannot be permitted tocontinue their courses. Apart from this, it is the stand of the learnedSenior Counsel for the appellant that as far as the inspection isconcerned, it relates to renewal and when there is a defect in theinception itself, the question of renewal does not arise at all.Consequently, the interim orders granted by the learned Single Judge infavour of the the first respondent college/Writ Petitioner have to be setaside.3. On the other hand, it is the stand of the learned Senior Counselappearing for the first respondent college/Writ Petitioner that though acorrigendum has been issued by the second respondent herein, by hisproceedings dated 30.07.2009, the said corrigendum is only with referenceto the addressee of letter of intent and grant of approval has not beenchanged. Apart from this, according to the learned Senior Counsel for thefirst respondent college/Writ Petitioner, now, affiliation has beengranted by the Tamil Nadu Dr.M.G.R.Medical University, viz., the thirdrespondent herein. According to the learned Senior Counsel for the firstrespondent college/Writ Petitioner, in fact, all the directions issued bythe official respondents have been complied with, consequently, theinterim orders granted have to be confirmed. Apart from this, it is thefurther stand of the learned Senior Counsel for the first respondentcollege/ Writ Petitioner that the last date for admission to M.B.B.S https://hcservices.ecourts.gov.in/hcservices/ 3Course for this academic year is 30.09.2011. Prior to that, counsellinghas to be conducted by the first respondent college/Writ Petitioner andunless the inspection is completed and renewal is granted, the seatsallotted to the first respondent college/Writ Petitioner will go waste.Consequently, the interim stay with regard to the inspection, submissionof report as well as renewal, has to be granted in favour of the firstrespondent college/Writ Petitioner.4. Apart from the above, it is also the stand of the learned SeniorCounsel for the first respondent college/Writ Petitioner that the collegehas already spent more than two hundred crores of rupees forestablishment of the college. Basing on this, the learned Senior Counselfor the first respondent college/Writ Petitioner has prayed for dismissalof the Writ Appeals.5. We have considered the above submissions made by the respectivelearned Senior Counsels.6. Since these Writ Appeals have been filed only as against theinterim orders granted by the learned Single Judge and also from theangle of 150 students, who had already been admitted, we are of theopinion that a finality has to be given to the issue in question. 7. Taking into account the above and also considering the fact thatas per the Judgment of the Hon'ble Apex Court in Mridul Dhar (minor) andanother v. Union of India and others reported in 2005 (2) SCC 65, thelast date for admission to M.B.B.S. Course for this academic year is30.09.2011, we are of the opinion that the Writ Petitions have to bedisposed of at an early date by the learned Single Judge. 8. In view of the above, the interim order already granted inM.P.No.1 of 2011 in W.P.(MD).No.2773 of 2011 is confirmed and as far asM.P.No.2 of 2011 is concerned, according to the learned Senior Counselappearing for the appellant, though they have completed the inspection,the report is not published, in view of the interim orders granted in thepresent Writ Appeals, and therefore, as far as the publication of reportis concerned, the interim order already in the Writ Appeal is confirmed,that is to say, the interim order of stay granted in M.P.No.1 of 2011 inW.P.(MD).No.2773 of 2011 is confirmed and the interim direction grantedin M.P.No.2 of 2011 in W.P.(MD).No.2773 of 2011 with regard to theinspection is also confirmed and with regard to the publication of thereport, there shall be an order of interim stay till the disposal of theWrit Petitions.9. Registry is directed to post W.P.(MD).Nos.2773 of 2011 and 5903 of2010 before the concerned Court on 27.06.2011 at 02.15 PM for finaldisposal. These Writ Appeals are disposed of in the above terms. No costs.Consequently, connected Miscellaneous Petitions are closed. Sd/-Assistant Registrar (RTI)/True copy/Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4ToThe Secretary,Government of India, Ministry of Health and Family Welfare,Nirman Bhawan, New Delhi 110 011.Copy to The Section Officer, Writ Section,Madurai Bench of Madras High Court, Madurai. (For Posting Writ Petition)+1CC TO MR.V.P.RAMAN, ADVOCATE, SR.19415+4CC TO MR.C.KARTHICK, ADVOCATE SR.NOS.19357, 19358, 19359, 19360NBSR : 22.07.2011 : 4p/8cCOMMON JUDGMENT MADE INW.A.(MD).Nos.463 to 466 of 2011and M.P.Nos.1,1,1,1,2,2,2 and 2 of 201121.06.2011