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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.840 OF 2017 (With I.A. No.92019 of 2017)

Kempegowda Institute of Medical Sciences ….Petitioner  

Versus  

Medical Council of India and Ors. ....Respondents

J U D G M E N T

A.M. KHANWILKAR, J.

1. The petitioner applied for recognition/approval to increase

the  intake  i.e.  from 120  to  150  seats,  of   the  MBBS  Degree

Course recognised by Rajiv Gandhi University of Health Sciences,

Bangalore.  That  application  was  processed  by  the  Medical

Council  of  India  (for  short  “MCI”)  under  Section  11(2)  of  the

Indian  Medical  Council  Act,  1956  (for  short,  “the  Act”).  After

carrying  out  inspection,  assessment  report  dated  21st April,

2017,   was  placed  before  the  Executive  Committee  of  MCI

pointing out the deficiencies in the petitioner-institution.

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2. The petitioner-institution, however, filed writ petition before

the  High Court  of  Karnataka,  bearing  Writ  Petition  (Civil)  No.

33465 of 2017, in which direction was issued to the respondents.

Pursuant  thereto,   inspection was  carried  out  by  the  Council

assessors  on  21st August,  2017.  The  compliance  verification

assessment report dated 21st August, 2017 along with previous

assessment  report  dated  16th and  17th March,  2017,  and 21st

April,  2017, was considered by the Executive Committee in its

meeting  held  on 30th August,  2017.  The  Executive  Committee

decided  to  recommend  to  the  Central  Government  not  to

recognise/approve  the  petitioner-institution  for  the  increased

intake from 120 to 150 seats under Section 11(2) of the Act and

further decided to call upon the petitioner-institution to submit

compliance  for  rectification  of  the  deficiencies  noticed  in  the

concerned  assessment  report  within  one  month,  for  further

consideration of the matter. It was also decided by the Executive

Committee  to  continue  the  application  under  consideration

under Clause 8(3)(1)(c) of the Establishment of Medical College

Regulation (Amendment),  2010 (Part–II)  dated 16th April,  2010,

and amended on 18th March, 2016. The communication in that

behalf was sent by the MCI on 4th September, 2017 with a copy

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marked to the petitioner-institution to submit detailed point-wise

compliance for grant of increased intake from 120 to 150 (soft

copy – in editable word format with CD) with the documentary

evidence in respect of the rectification of deficiencies pointed out.

3. The petitioner, however, filed the present writ petition on 7 th

September, 2017, for the following reliefs:  

“PRAYER

It is therefore prayed that this Hon’ble Court be  pleased to:

a.  Issue an appropriate writ, order or direction in the nature of mandamus directing the Medical Council of India,  Respondent  No.1,  to  take  a  decision  on  the Inspection Report dated 21.8.2017 and  recommend to the 2nd respondent, Union of India – Ministry of Health and Family Welfare, for recognition of increased intake from  120  to  150  seats  in  MBBS  course  for  the academic  year  2017-18  and  accordingly  extend the last date of admission for the increased intake of 30 seats for the academic year 2017-18.

b.  Alternatively  issue a writ  of  mandamus directing the  4th respondent,  Oversight  Committee  to  consider the case of  the petitioner for increased intake of  30 seats  for  the  academic  year  2017-18  within  a specified time limit,  in  the event,  Medical  Council  of India  decides  not  to  recommend  for  renewal  of permission  for  increased  intake  of  students  for  the academic year 2017-18.

c. Pass such further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.”

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4. As  the  communication  dated  4th September,  2017,  was

received  by  the  petitioner-institution,  the  petitioner  filed

interlocutory application in the pending writ petition being I.A.

No. 92019 of 2017 on 14th September, 2017,  for the following

reliefs:-  “PRAYER

It is therefore MOST RESPECTFULLY PRAYED that this Hon’ble Court may be pleased to:

I) Permit the Petitioner to add the following prayers in the Writ Petition

a) to issue an appropriate Writ, Order or Direction in the  nature  of  Certiorari  to  quash  the Communication/letter  dated  4.9.2017  of  the Medical Council of India.

b) to issue an appropriate Writ, Order or Direction in the  nature  of  Mandamus  directing  the  Central Government  to  grant  permission/recognition  of increased intake from 120 to 150 seats in MBBS course  for  the  academic  year  2017-18  and accordingly extend the last date of admission for the increased intake of 30 seats for the academic year 2017-18.  

II) Pass such further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.”  

5. We have heard Ms. Mahalakshmi Pavani,   learned senior

counsel appearing for the petitioner and Mr. Vikas Singh, learned

senior counsel appearing for the respondents.

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6. Considering the substantive relief claimed by the petitioner

in the writ petition coupled with the fact that no final decision

has  been  taken  on  the  proposal  for  enhancement  of  intake

capacity from 120 to 150 seats by the Competent Authority, the

question of granting relief to permit the petitioner-institution to

admit  upto  150  students  in  MBBS  course  for  the  academic

session  2017-18  cannot  be  countenanced.  For,  as  per  the

communication  dated  4th September,  2017,  the  petitioner  is

obliged to first rectify the deficiencies and satisfy the concerned

authorities  of  having  done  so.  Only  thereafter  the  Executive

Committee  of  MCI  will  be  in  a  position  to  make  final

recommendation to the Central Government,   which,   in turn,

would take appropriate decision as may be advised. In any case,

since the admission process for the academic session 2017-18

has  concluded  and  the  last  date  for  admitting  students  has

expired, the question of granting any relief to the petitioner to

permit  admission  of  students  up  to  150  seats  cannot  be

considered. As has been observed in Royal Medical Trust and

Another Vs. Union of India,1  we are inclined to issue following

directions:-  

1   W.P. (C) No.747 of 2017 decided on 12-09-2017

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(i) The application submitted by the petitioner for grant of

recognition/approval for increased intake from 120 to

150 seats for the academic session 2017-18 shall be

treated as having been made for the academic session

2018-19.

(ii) The MCI shall conduct a fresh inspection as per the

regulations within a period of three months. It  shall

apprise  the  petitioner-institution  with  regard  to  the

deficiencies,  if  any,  and  afford  an  opportunity  to

comply with the same and thereafter proceed further

in  accordance  with  law and including  in  conformity

with  the  provisions  of  the  Act  and  the  Regulations

framed thereunder.  

(iii) We make it clear that the inspection shall be carried

out for the purpose of academic session 2018-19.  

(iv) After  the  Executive  Committee  of  the  MCI considers

the assessment report submitted to it after inspection

in  terms  of  this  order,  it  shall  send  its

recommendation  to  the  Central  Government.  The

Central  Government shall  then take a final  decision

after  affording  an  opportunity  of  hearing  to  the

petitioner-institution,  by  taking  assistance  of  the

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Hearing Committee as constituted by the Constitution

Bench  of  this  Court  in  Amma  Chandravati

Educational  and  Charitable  Trust  &  Ors.  Vs.

Union of India & Anr.2,  or other directions given in

the said decision and in accordance with law.  

7. The  writ  petition  and  interlocutory  application  are,

accordingly, disposed of in the above terms. There shall be no

order as to costs.

   ……………………………….CJI.     (Dipak Misra)

………………………………….J.     (A.M. Khanwilkar)

.………………………………...J.      (Dr. D.Y. Chandrachud)

New Delhi; Dated: September 21, 2017.

2   W.P. (C) No.408 of 2017 decided on 18-07-2017