PADMASHREE Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has challenged a decision of the Board of Governors of the Medical Council of India, rejecting an application seeking an increase in the seats for the M.B.B.S. degree course from 150 to 250 for Academic Year 201213. The Petitioner has been conferred with the status of a deemed University. On 23 November 2010, the Petitioner filed an application seeking an increase in the intake capacity from 150 to 250 for Academic Year 201112. The application was rejected by the Board of Governors of the Medical Council of India on the ground that the Petitioner had failed to enclose the Essentiality Certificate and affiliation with the application.

(2.) On 29 March 2011, the Petitioner received an Essentiality Certificate from the Government of Maharashtra recording that: (i) The institute has 1250 teaching beds; (ii) The average OPD strength per day is 1878; and that (iii) In case the applicant failed to create infrastructure for the course as per MCI norms and fresh admissions were stopped by the Central Government, the State Government "may think over" taking over the responsibility of the students already admitted to the course at the college with the permission of the Central Government. On 27 April 2011, the Board of Governors of the Medical Council of India reiterated the earlier decision to reject the application for Academic Year 2011 12.

(3.) On 11 August 2011, the Petitioner moved an application for an increase in the intake capacity from 150 to 250 students for Academic Year 201213. On 17 February 2012, the Petitioner was informed that the application had been rejected by the Board of Governors at a meeting held on 12 December 2011. Two reasons were set forth for rejecting the application. Firstly, it was stated that the Essentiality Certificate issued by the State Government on 29 March 2011 stated that the average OPD strength per day was 1878. The statutory regulations, called The Opening of a New or Higher Course of Study or Training (including Postgraduate Course of Study or Training) and increase of Admission Capacity in any Course of Study or Training (including a Postgraduate course of Study or Training) Regulations, 2000 stipulate that for increasing the intake capacity to 250 students, the OPD strength per day should not be less than 3000. Secondly, the format prescribed for the Essentiality Certificate by the Regulations requires the State Government to certify that in case an applicant fails to create infrastructure for a Medical College in accordance with MCI norms and if fresh admissions are stopped by the Central Government "the State Government shall take over the responsibility of the students already admitted in the College" with the permission of the Central Government. However, the Essentiality Certificate issued by the State Government on 29 March 2011 stated that in such an eventuality "the State Government may think to take over the responsibility of the students already admitted in the College". On 21 February 2012, the Petitioner addressed a communication to the Board of Governors of the Medical Council of India stating that between 1 January 2011 and 20 February 2012, the average daily OPD attendance was 3127. By a letter dated 22 February 2012, the Petitioner stated that the institution should not be held responsible for discrepancies in the Essentiality Certificate issued by the Government of Maharashtra. On 6 March 2012, the Petitioner addressed a communication to the Union Minster for Health and Family Welfare, stating that the State Government had on 29 February 2012 made necessary changes in the Essentiality Certificate and on this ground sought a reconsideration of the decision by the Board of Governors. A corrigendum had been issued by the State Government on 29 February 2012, rectifying the format of the Essentiality Certificate in terms of the Regulations and by correcting the OPD strength to 3127. On 21 May 2012, the Board of Governors of the Medical Council of India issued a communication stating that the earlier decision taken by the Council and communicated on 17 February 2012 would stand.