LexMEDICAL COUNCIL OF INDIA versus DR. M.G.R. EDUCATIONALAND RESEARCH INSTITUTE UNIVERSITY & ANR.
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[2015] 5 S.C.R. 579 MEDICAL COUNCIL OF INDIA v. DR. M.G.R. EDUCATIONALAND RESEARCH INSTITUTE, UNIVERSITY & ANR. (Civil Appeal Nos.1757-1759of2015 etc.) FEBRUARY 11, 2015 [MADAN B. LOKUR AND UDAY UMESH LAUT, JJ.] Establishment of Medical Colleges Regulations, 1999 - University Grants Commission Act, 1956 - s. 3 - Indian Medical Council Act, 1956 - s. 11 (2) -Admission of students to MBBS course - Renewal of permission, to admit A B c 2nd batch of students - Admissions made in the academic o year 2009-10 by the Institute in the Medical College for the 2nd batch of MBBS course in complete defiance of the specific directions given by MCI and the MH & FW - Medical college not yet within the ambit of the Institute (deemed to be University) - Validity of - Held: Admissions were E unauthorized - MHRD has now brought the College within the ambit of the Institute not only for the academic year 2008-09 (about which there is no dispute) but also for the admissions made to the 2nd batch in the academic year 2009-10, notwithstanding the objections of MCI and MH&FW F - Admissions made were completely unauthorized at the rele~ant time but have now been granted approval and recognition as a result of certain subsequent events which have been taken into consideration by the MHRD - However, the students not visited with the natural G consequence of setting aside their admissions - Certain directions issued to deal with the exigencies of the situation - Rs 5 crores cost imposed on institute for blatantly violating the directions of MCI and MH&FW and for risking the career H 579 580 SUPREME COURT REPORTS [2015] 5 S.C.R. A of students. Disposing of the appeals, the Court HELD: 1.1 The Institute gave some justification for 8 admitting the students to the 2nd batch of MBBS course in the academic year 2009-10 namely that it was expecting grant of approval for admissions and that this was fortified by some communications received from the MCI. However, this justification wears extremely thin c considering the specific directions given by the MCI and the MH&FW not to admit students in the 2nd batch in the academic year 2009-10. The Institute had also approached this Court praying for permission to admit the said students but no permission or interim order o was granted by this Court. Notwithstanding this, the Institute went ahead and made admissions. There is nothing to suggest that at the relevant time the College was within the ambit of the Institute. In fact it is only when the MHRD passed an order on 25.09.09 (after the E judgment under appeal) that recognition was given to the Institute but limited only to conducting the MBBS course commencing from 2008-09 and 2009-10 and thereafter in 2014-15. Clearly, the admission of the students in the academic year 2009-10 was F unauthorized at the relevant time. [Para 40, 41] [597-E- H; 598-A-C] 1.2 The statutory authorities-MCI, MH&FW, UGC and MHRD and the Government were toothless tigers when G it came to retaining admission of the 2nd batch of students in the academic year 2009-10 or taking quick remedial steps after the admissions were made. Unless the statutory authorities and the Government realize and appreciate that by their inaction they are encouraging H blatant defiance of their directions and are putting M. C. I. v. DR. M.G.R. EDUCATIONAL & RES. INST., 581 UNIVERSITY society at risk with possibly not fully competent doctors, A the possibility of improving the health of people will remain a pipe dream. [Para 42) (598-D-F] 1.3 Though the MCI and the MH&FW accorded recognition and approval to the admissions made by B the Institute in the academic year 2008-09, no recognition or approval was accorded to the admissions made by the Institute to the 2nd batch of students in the academic year 2009-10. However, the MHRD went a step ahead and accepted the report of the C Expert Committee set up by it and brought the College within the ambit of the Institute not only for the academic year 2008-09 but also for the admissions made to the 2nd batch in the academic year 2009-10, notwithstanding the objections of the MCI and the D MH&FW. Clearly one Ministry of the Government is completely oblivious of the views of another Ministry of the Government and this absence of coordination is what perhaps enabled the Institute and the College to make admissions in the academic year 2008-09 and E present a fait accompli
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