KANACHUR ISLAMIC EDUCATION TRUST (R) Vs UNION OF INDIA
Bench: M.Y. EQBAL,C. NAGAPPAN
Case number: SLP(C) No.-025650-025650 / 2015
Diary number: 29593 / 2015
Advocates: RANJAN KUMAR PANDEY Vs
Page 1
‘REPORTABLE’
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO.25650 OF 2015
KANACHUR ISLAMIC EDUCATION TRUST(R) .....PETITIONER(S)
VERSUS
UNION OF INDIA AND ANOTHER ....RESPONDENT(S)
ORDER
M. Y. EQBAL, J.
The petitioner-Trust has preferred this special leave
petition against the impugned judgment and order dated
01.09.2015 passed in Writ Petition (Civil) No.7128 of 2015
whereby the Delhi High Court dismissed the said writ
petition.
2. In the aforesaid writ petition, the petitioner challenged
the communication dated 15.06.2015 of respondent no.1 –
The Ministry of Health and Family Welfare (for short 'UOI')
disapproving the application of the petitioner for
1
Page 2
establishment of a new medical college for the academic
year 2015-16. A further direction was sought for by the
petitioner in the writ petition directing respondent no.2-
Medical Council of India (MCI) to inspect the petitioner's
college for the purpose of establishment of new medical
college for the academic year 2015-16 and a further
direction to the respondent to consider the compliances
submitted by the petitioner.
3. It appears that in March, 2014, the petitioner-Trust
was granted consent by the Karnataka State Pollution
Control Board for establishing medical college and hostel
with 750 bedded hospital. The Rajiv Gandhi University of
Health Sciences, Karnataka, on the report of the Local
Enquiry Committee gave affiliation for the proposed course
of MBBS with a total intake of 150 seats. The essentiality
and feasibility certificate for starting MBBS course at
petitioner's institution was also issued by the State
Government in August, 2014. The Medical Council of India
conducted the inspection of the medical college and hospital
2
Page 3
through an Assessor and pointed out the following
deficiencies:
“1. Deficiency of faculty is 15% as detailed in report. 2. Lecture Theaters : Facility for E Class is not available. 3. Students' Hostels : They are not furnished. Toilet facilities are inadequate. Mess is not available. Visitors' room, A.C. study room with computer & Internet are not available. 4. Residents' Hostels : They are not furnished. Toilet facilities are inadequate. Mess is not available. Visitors' room, A.C. study room with computer & Internet are not available. 5. Nurses' Hostels : They are not furnished. Toilet facilities are inadequate. Mess is not available. Visitors' room, A.C. study room with computer & Internet are not available. 6. OPD : Injection room for males/famales, Dressing room for males/females, plaster cutting room are not available. In Ophthalmology OPD, dark room, Refraction room, Dressing room/Minor procedure room are not available. 7. Audiometry & Speech Therapy are not available. 8. There were no major or minor Surgical operations on day of assessment. 9. There was no delivery – normal or Caesarean on day of assessment. 10. MRD : It is partly computerized. 11. OT : Although 5 OTs as required are available, one is not furnished, resulting in shortage of 1 OT. 12. ICUs : SICU, PICU/NICU are not available. There was no patient in ICU. There were only 2 patients in ICCU. 13. Labour Room : Eclampsia room is not available. 14. CSSD is not functional. 15. Anatomy department : Cooling chambers are not available. Cadavers are not available. 16. Biochemistry department : Laboratory is not furnished. 17. Other deficiencies as pointed out in the assessment report.”
3
Page 4
4. Thereafter, the petitioner was informed about the
aforesaid deficiencies and was permitted to submit a
compliance report. The petitioner submitted the compliance
report to Medical Council of India stating that it has
rectified all the deficiencies. Thereafter the respondent-MCI
conducted a compliance assessment of the petitioner's
institution and submitted a report. It is alleged by the
petitioner that though it had removed all the shortcomings
and deficiencies that were pointed out in the earlier
assessment but again the following deficiencies were
pointed out:
“1. Deficiency of faculty is 23.3% as detailed in report. 2. Shortage of Residents is 64.4% as detailed in report. 3. OPD: Institute has claimed attendance of 523 on day of assessment. However, around 200-250 attendance was observed as per estimate made on day of assessment. 4. Bed occupancy: Total occupancy 15% - i.e. 45 beds occupied – was observed at time of assessment. 5. NIL Special investigations like Ba, IVP were performed on day of assessment. 6. ICUs: No patients were available in ICUs on day of assessment. 7. Six faculty members as detailed in report were not considered as they had appeared for MCI assessment at another college in the current Academic Year. 8. Other deficiencies as pointed out in the assessment report.”
4
Page 5
5. The Government of India consequently by letter dated
15.06.2015, communicated to the petitioner-Trust its
decision to accept the recommendations made by the
respondent-MCI and disapproved the scheme submitted by
the petitioner for establishment of new medical college. The
said decisions of the respondents were assailed by filing a
writ petition before the High Court. The High Court after
hearing the parties and considering the relevant provisions
of the Acts and Regulations and also relying upon the
decisions of this Court finally dismissed the writ petition.
6. Mr. Amrendra Saran, learned Senior Counsel
appearing for the petitioner, firstly submitted that all
deficiencies which were pointed out by the respondent-MCI
after conducting inspection were rectified and all defects
were removed which is evident from the compliance
verification done by the respondent-MCI. The deficiencies
subsequently pointed out by the respondent-MCI on
surprise inspection, was never shown in the earlier report.
5
Page 6
According to Mr. Saran, learned Senior Counsel, on the day
when the surprise inspection was conducted, many
members of clinical faculty and senior and junior residents
had left the institution by 9 a.m. after the night duty and
other were busy attending the patients in the OPDs/ICUs
and casulty, some were busy operating in the OT and
conducting deliveries in the Labour Room, some had gone
for visit to urban and rural health care centre affiliated to
the petitioner's institution and some were on authorised
leave.
7. Mr. Saran submits that neither the inspection was
conducted in accordance with the procedure prescribed in
the Acts and Regulations nor the respondent-MCI team in
the surprise inspection visited different departments and
wards of the hospital.
8. On the other hand, Mr. Vikas Singh, learned Senior
Counsel appearing for the respondent-MCI, at the very
outset, submits that in the surprise inspection, many
deficiencies were found in the hospital which have been
6
Page 7
pointed out distinctly in the report. The report so prepared
by the team of the respondent-MCI has been countersigned
by the Dean of the petitioner's institution. He further
submits that during the inspection, it was revealed that the
following six professors were found present in the
petitioner's institution and those professors also claimed to
be the professors of another medical college present in the
inspection conducted by the respondent-MCI for the current
academic year:
1. Dr. Shreesha 2. Dr. Suchithra A. Shetty 3. Dr. Kadri Yogesh Bangera 4. Dr. B. Ramprasad 5. Dr. Bhadrinath Talwar 6. Dr. Devi Prasad
9. Mr. Vikas Singh, learned Senior Counsel appearing for
the respondent-MCI, therefore, contends that the
petitioner's institution has been inspected twice but the
deficiencies pointed out in the first inspection were still
found there. Not only that, it was also found that on the
date of inspection six faculty members who were present in
the college were also found present in the inspection of
different medical colleges.
7
Page 8
10. The High Court had elaborately dealt with, in the
impugned order, relevant provisions of the Acts and
Regulations and also considered the ratio decided by this
Court in catena of decisions, and did not find any reason to
justify the claim of the petitioner for grant of approval by the
Government of India and finally, refused to interfere with
the orders challenged therein.
11. After hearing learned Senior Counsel appearing for the
parties and after giving our anxious consideration in the
matter, we do not find any justification or reason to
interfere with the impugned order passed by the High Court
refusing to interfere with the decision of the Government of
India. Accordingly, the special leave petition is dismissed.
12. However, before parting with the order, we give liberty
to the petitioner's institution to remove all the deficiencies
and rectify all the defects as pointed out by the respondent-
MCI and thereafter approach the respondent-MCI for
conducting inspection of the petitioner's institution afresh.
8
Page 9
13. We make it clear that in the event the petitioner
approaches the respondent-MCI in the manner aforesaid,
then the latter shall make full-fledged inspection of the
institution and submit its report to the Government of India
for grant of sanction to run the petitioner's medical college
for the academic year 2016-17.
14. Needless to say that the Government of India shall
then take a final decision in accordance with law.
....................J [M. Y. EQBAL]
....................J [C. NAGAPPAN]
NEW DELHI; SEPTEMBER 30, 2015.
9