V. N. PUBLIC HEALTH AND EDUCATIONAL TRUST ETC. versus STATE OF KERALA & ORS. ETC.

Citation: [2021] 1 S.C.R. 1013 · Decided: 24-02-2021 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Dismissed

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Judgment (excerpt)

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   [2021] 1 S.C.R. 1013
1013
V. N. PUBLIC HEALTH AND EDUCATIONAL TRUST ETC.
v.
STATE OF KERALA & ORS. ETC.
(Civil Appeal Nos.703-704 of 2021)
FEBRUARY 24, 2021
[A. M. KHANWILKAR, B. R. GAVAI
AND KRISHNA MURARI, JJ.]
Indian Medical Council Act, 1956 – Appellant sought grant
of Essentiality Certificate (EC) for Academic Year 2020-2021 –
Application rejected by State Government – Eventually, Single Judge
inter alia set aside the said order while further giving opportunity to
the appellant to apply for the Academic Year 2022-2023 instead of
Academic Year 2020-2021 – Review petition filed by appellant,
dismissed – Division Bench refused to grant permission for Academic
Year 2020-2021, instead directed the respondents to consider
appellant’s application for establishment of a Medical College for
the Academic Year 2021-2022 – On appeal, held: Conditional
Essentiality Certificate was first issued in 2004 subject to removal
of deficiencies – Since then 17 years have elapsed and the appellant
has been unsuccessful in removing the deficiencies and securing
requisite permissions from MCI – Appellant has been long trying to
escape its responsibility and fill up the lacuna through judicial
process by getting orders from the High Court for Consent of
Affiliation (CoA) and consideration of its belated half-baked
applications before the MCI – In the inspections carried out in 2015
and 2020, the appellant was found lacking proper facilities –
Appellant has no real interest in running a hospital and thus, cannot
call foul upon rejection of EC, CoA or its applications before MCI
– Further, time schedule prescribed for starting a new Medical
College for the Academic Year 2020-2021 is over long back – Even
the last date for the year 2021-2022 which was extended to 15.12.20,
in view of Covid-19 pandemic is also over by now – Thus, the State
Government or the University cannot be directed to issue EC or
CoA to the appellant for the year 2020-2021 – Medical Council of
India Establishment of Medical College Regulations , 1999 –
Regulation 8(3) – Kerala University of Health Sciences First Statute,
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SUPREME COURT REPORTS
[2021] 1 S.C.R.
2013 – Chapter XXI – Establishment of Medical College Regulations
(Amendment), 2015.
Indian Medical Council Act, 1956 – s.10-A – Requirement of
Essentiality Certificate under – Discussed.
Indian Medical Council Act, 1956 – Issuance of Essentiality
Certificate, if a ministerial job – Held: Issuance/re-issuances of an
essentiality certificate is not in any way a ministerial job – While
dealing with a case of maintaining standards in a professional
college, strict approach must be adopted – Education.
Kerala University of Health Sciences First Statute, 2013 –
Chapter XXI – Clause X(I) – Grant of affiliation – Discussed.
Education – Establishment of new medical college –
Withdrawal of Essentiality Certificate (EC) – Held: State Government
has power to withdraw the EC where it is obtained by playing fraud
on it or where the very substratum on which the EC was granted
vanishes or for any other reason of like nature – Indian Medical
Council Act, 1956.
Dismissing the appeals, the Court
HELD: 1.1 An EC is mandatorily required by a person
before he receives permission for establishment of a Medical
College. The Legislative scheme that imposes the requirement
of the EC is prescribed in Section 10(A) of the Medical Council
of India Act, which requires the previous permission of the Central
Government for establishing a Medical College or opening a new
course of study or training. Every person or Medical College
must submit to the Central Government a scheme as prescribed.
The Central Government then refers the scheme to the MCI for
its recommendations. The Medical Council is required to consider
the same and satisfy itself by obtaining any particulars as are
necessary and after having the defects if any removed, make its
recommendations to the Central Government. The Central
Government, may on receipt of the scheme, approve it
conditionally or disapprove the same. [Para 16][1033-D-F]
1.2 The power to permit the establishment of a Medical
College is thus conferred on the Central Government by the MCI
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Act. The Regulations were framed in exercise of powers
conferred under Section 10(A) read with Section 33 of the MCI
Act prescribed the qualifying criteria. These criteria lay down
the eligibility to apply for permission to establish a Medical
College. One of the crit

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