- (1.) The petitioner has filed the present special leave petition aggrieved by the judgment and order dated 5.5.2015 passed by a Division Bench of the High Court of Delhi in L.P.A. No.235/2015 thereby reversing the judgment and order passed by the Single Bench in the matter of increase of seats for MBBS course from 150 to 250 from the academic session 2015-16. The petitioner preferred writ petition before the Single Bench of the High Court of Delhi on being aggrieved by the rejection of its application by the Central Government on the ground that essentiality certificate was not filed along with the application form. The petitioner claimed that it had filed the application for increase in the intake capacity on 30.8.2014. The essentiality certificate could not be submitted by the petitioner as it had not been issued to it by the Government of Maharashtra. It was issued on 3.9.2014 and was submitted to the Central Government on 5.9.2014. On 16.10.2014 the Central Government returned the application on the ground that the essentiality certificate and the consent of affiliation were not submitted by the petitioner along with the proposal dated 1.9.2014. The last date of submitting the duly completed application was over on 31.8.2014. The petitioner was advised to submit a fresh application for the academic year 2016-17. On 24.10.2014, the petitioner requested for condonation of delay in submitting the essentiality certificate. Thereafter, the petitioner filed a writ application which was allowed vide order dated 8.4.2015 by the Single Bench of the High Court. On 17.4.2015, the Medical Council of India (for short "the MCI") filed a Letters Patent Appeal No.235/2015 as against the judgment and order passed by the Single Bench which was allowed vide judgment and order dated 5.5.2015. Hence, the petitioner has assailed the same in the present special leave petition.
(2.) A Division Bench of the High Court has, inter alia, relied upon a decision of this Court in Educare Charitable Trust v. Union of India & Anr., 2014 AIR(SC) 902 and held that for the present academic session 2015-16, no direction can be issued due to time schedule. It was submitted on behalf of the petitioner that once the essentiality certificate was submitted by it, the application could not have been returned/rejected in a mechanical manner due to the aforesaid deficiency and the delay ought to have been condoned. In the circumstances, as delay was occasioned by the Government of Maharashtra, it was beyond the control of the petitioner. Illegality has been committed in rejecting the petitioner's prayer to condone the delay on the ground that essentiality certificate was not submitted within the prescribed time limit. Reliance has been placed on the decisions of this Court in S.L.P. [C] No.14838/2015 Ponnaiyah Ramajayam Institute of Science & Technology Trust v. MCI & Anr. decided on 15.7.2015, C.A. No.8054/2013 Royal Medical Trust (Regd.) v. Union of India & Anr. decided on 10.9.2013; and W.P. [C] No.414/2015 Pondicherry Institute of Medical Sciences & Anr. v. Union of India & Anr. ordered on 7.8.2015.
(3.) Per contra, it was contended on behalf of the respondents that the MCI is a statutory body and is governed by the Act and the rules and also by the directions issued by this Court for strict adherence to the time schedule and it has an obligation towards maintenance of highest standards of medical education. Time schedule and regulations are binding and mandatory. Under section 10A of the Indian Medical Council Act, 1956 (hereinafter referred to as "the Act of 1956") prior permission of the Central Government for establishing any medical college or starting any higher course of study has to be obtained. Increase in the intake capacity is governed by "The Opening of a New or Higher Course of Study or Training (including Post-graduate 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 (hereinafter referred to as "the Regulations of 2000"). The Regulations require the essentiality certificate to be necessarily appended to the application form.;