The Medical Council of India vs MGR Educational and Research Institute University

As the issue involved in all the three appeals is one and the same and since they are directed against the common order passed by the learned Single Judge, these writ appeals are taken up together and decided by this common judgment.

While Dr. MGR Educational and Research Institute University, the first respondent in W.A. Nos. 1078 and 1079 of 2014 filed the writ petitions in W.P. Nos. 1959 and 1964 of 2014, the respondent Nos. 1 to 20 in W.A. No. 1080 of 2014 filed writ petition in W.P. No. 2928 of 2014.

While the writ petition in W.P. No. 1959 of 2014 was filed challenging the proceedings of the appellant dated 12-09-2013 and also the consequential notification of the respondent No. 2 dated 01-10-2003, W.P. No. 1964 of 2014 was filed challenging the proceedings of the appellant dated 12-09-2013. Besides, in both these writ petitions, a direction was also sought against the appellant and the other official respondents to issue orders and notification recognizing MBBS degree in the writ petitioner''s College and Hospital for the academic year 2009-2010 onwards. Further, W.P. No. 2928 of 2014 was filed by the students challenging the proceedings dated 12-09-2013 issued by the appellant.

The learned Single Judge, after making discussion on merits, was pleased to set aside the orders impugned while remitting the matter back to the appellant herein for fresh consideration. While doing so, the learned Single Judge has directed the appellant to pass appropriate orders by taking note of the decision of the Division Bench dated 15-04-2013 rendered in W.A. Nos. 2772 of 2012 and 256 of 2013 and also the order passed on 23-05-2013 by the Ministry of Human Resources and Development (''MHRD'' in short), after affording an opportunity to the respondent No. 1 in W.A. Nos. 1078 and 1079 of 2014, viz., the University.

The following portion of the order passed by the learned Single Judge is apposite.

Accordingly, the orders which are impugned in these writ petitions are set aside in so far as they relate to black listing of the petitioners institution i.e., Petitioner in WP Nos. 1959 and 1964 of 2014, it''s Trust and Trustees from submitting any application through out India for establishing any medical institution for a period of five years is set aside as it was done without any notice. Similarly, the direction to discharge the students of the petitioner institution, who were admitted in the academic year 2009-2010, is also set aside. The writ petitions are allowed to the extent indicated above. The matter is remanded back to MCI for fresh consideration of the case in tune with the order dated 15.04.2013 of the Division Bench of this Court directing to take note of the plight of the students as well as the order dated 23.05.2013 passed by MHRD, after giving an opportunity of hearing to the petitioner and then pass orders on merits and in accordance with law, within a period of 30 days from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

Challenging the said common order passed, the Medical Council of India (''MCI'' in short) has preferred these writ appeals.

The learned Senior Counsel appearing for the appellant submitted that the learned Single Judge has erred, both on facts and law. The material facts have not been taken into consideration. The decision rendered by the Division Bench in W.A. Nos. 2772 of 2012 and 256 of 2013, on the earlier occasion, has no application to the cases on hand. Even otherwise, the order of remittal is justified, but, the findings rendered by the learned Single Judge and the direction issued to dispose of the representation in a particular manner, cannot be sustained. Therefore, it is submitted that appropriate orders will have to be passed.

Per contra, the learned Senior Counsel appearing for the respondent-University submitted that what has been passed is only an order of remittal. The appellant will have to consider the materials in the light of the observation made by the learned Single Judge. The learned Single Judge has taken into consideration, the relevant materials before passing the order. For similarly placed institutions, the appellant has passed similar orders. Hence, he submitted that no interference is required.

Since the learned Single Judge has remitted the entire issue for consideration by the appellant afresh, we are of the view that the said direction issued is not required to be interfered with. However, it is not in dispute that the appellant herein is the authority constituted, to go into the issues raised. Therefore, we hold that the findings rendered by the learned Single Judge are not necessary. The scope, relevance and applicability of the order dated 23-05-2013 passed by MHRD and the decision of the Division Bench dated 15-04-2013, are all matters to be considered by the appellant, especially, when the matter is remitted back to the appellant for fresh consideration.

In such view of the matter, while confirming the order dated 14-07-2014 of the learned Single Judge in directing the appellant to pass appropriate orders on merit, we set aside the findings given by the learned Single Judge. The first respondent-University in W.A. Nos. 1078 and 1079 of 2014, which is the 22nd respondent in W.A. No. 1080 of 2014, is permitted to make a representation within a period of one week from the date of receipt of a copy of this judgment. On receipt of such representation, the appellant shall give an opportunity of personal hearing to the respondents and dispose of the matter within a period of three weeks, thereafter.

The writ appeals stands disposed of, accordingly. No costs. The connected miscellaneous petitions are also closed.