LexPOONAIYAH RAMAJAYAM INSTITUTE OF SCIENCE AND TECHNOLOGY TRUST versus MEDICAL COUNCIL OF INDIA AND ANOTHER
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[2015] 9 S.C.R.1007 POONAIYAH RAMAJAYAM INSTITUTE OF SCIENCE AND A TECHNOLOGY TRUST v. MEDICAL COUNCIL OF INDIA AND ANOTHER (Special Leave Petition (Civil) No.14838 of 2015) SEPTEMBER 17, 2015 [M.Y. EQBALAND C. NAGAPPAN, JJ.] B Medical Council of India Act, 1956 - s.10A - c Establishment of new medical college for the academic year 2015-2016 -Application uls. 1 OA- Rejected on the ground that Essentiality Certificate and Certificate of Affiliation not submitted before the cut-off date - Petitioner had submitted the application but the essentiality certificate was issued late D and was subsequently submitted- Writ petition thereagainst allowed with the direction to the Medical Council to consider the application of the petitioner- However, Division Bf?nch. set aside the order - SLP before this Court - Application disposed of with a direction to the Medical Council of India to E consider the application and make its recommendation within the stipulated period - Submission of inspection report in a sealed cover by Medical Council - Challenge to - Held: Executive committee of the council noted many deficiencies in the report and returned the application for establishmeni F of a new Medical College to the Central Government recommending disapproval of the scheme uls. 1 OA for the academic year 2015-2016 and 2016-2017 - In the facts and circumstances ofthe case, no directions can be issued to G the respondent to consider the case of the petitioner, since . the matter is yet to be decided by the Central Government- However, no opinion is expressed with regard to the recommendation made by the Council to the Central ·Government disapproving the scheme for the academic year H . 1007 1008 SUPREMECOURTREP0RTS [2015) 9 S.C.R. A 2016-2017 also - Petitioner to move the appropriate forum as against the decision of disapproval for the academic year 2016-2017 - Establishment of Medical College Regulation (Amendment), 2010- cl 8(3)(1)(d). B Royal Medical Trust (Regd.) and Another vs. c D E Union of India and Another, reported in 2015 (9) SCALE 68; Padmashree Dr. D. Y. Patil Medical College versus Medical Council of India and Another 2015 (9) SCALE 428 - referred to. Case Law Reference 2015 (9) SCALE 68 2015 (9) SCALE 428 referred to. referred to. Para 11 Para 13 CIVIL APPELLATE JURISDICTION : Special Leave Petition No. 14838 of 2015 From the Judgment and Order dated 05.05.2015 of the High Court of Delhi at New Delhi in LPA No. 234 of 2015 Dr. Rajeev Dhawan, Akbar Ali, G Umapathy, Rakesh K. Sharma, R. Mekhala for the Petitioner. Vikas Singh, Gaurav Sharma, Prateek Bhatia for the F Respondents. The Order of the Court was delivered by M. Y. EQBAL, J. 1. We have heard Dr. Rajeev Dhawan, learned senior counsel appearing for the petitioner and Mr. G Yikas Singh, learned senior counsel appearing for Respondent No.1 - Medical Council of India (MCI). 2. Aggrieved by the judgment and order dated 5th May, . 2015 passed by the Division Bench of the Delhi High Court in H LP.A. No. 234 of 2015, the petitioner filed this special leave petition .• POONAIYAH RAMAJAYAM INSTITUTE OF SCIENCE AND 1009 TECHNOLOGY TRUST v. MCI [M. Y. EQBAL, J.] 3. By the impugned judgment, the Division Bench allowed A the appeal filed by the respondent-Medical Council of India and set aside the judgment passed by the learned Single Judge in the Writ Petition. 4. Indisputably, the petitioner submitted application, as B required under Section 10A of the Medical Council of India Act, 1956 (hereinafter referred to as 'the Act') for establishment of new medical college for the academic year 2015-2016. The Essentiality Certificate and the consent of affiliation were admittedly not annexed along with the application filed under C Section 1 OA of the said Act. According to the petitioner, the Essentiality Certificate was issued on 28.8.2014 and the consent of affiliation was communicated on 30.8.2014. After about 10 days i.e. 10.9.2014, the petitioner submitted Essentiality Certificate and Certificate of Affiliation. The D application so submitted by the petitioner was, however, rejected on 15.10.2014 on the ground that the certificates aforesaid were not submitted before the cut-off date i.e. 31.8.2014. By the said order, the petitioner was given liberty to apply for the next academic year. E 5. Against the aforesaid order, the petitioner moved the Delhi High Court by filing Writ
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