Bar & Bench () R1 in WA.No.398 of 2016 : Mr.R.Manickavel For R5 in WA.No.596 of 2016 :...

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In the High Court of Judicature at Madras

Reserved on : 04.1.2017 & Pronounced on : 11/8/2017

Coram :

The Honourable Mr.Justice NOOTY.RAMAMOHANA RAO

And

The Honourable Mr.Justice S.M.SUBRAMANIAN

Writ Appeal Nos.263, 270, 320, 398, 596, 597, 614 & 923 of 2016

& Writ Petition Nos.419, 420, 7261 and 29419 to 29425 of 2016

& all connected pending CMPs & WMPs

W.A.No.263 of 2016 :

The President, Medical Council of

India, Pocket 14, Sector 8,

Dwaraka-Phase-I, New Delhi-77. …Appellant

Vs

1.Dr.R.Udhaya Banu

2.The Union of India, rep.by its

Secretary, Ministry of Health,

Office of the Health Minister,

New Delhi.

3.The President, Tamil Nadu

Medical Council, No.914,

Poonamallee High Road,

Arumbakkam, Chennai-106.

4.The Vice Chancellor/The Dean,

Mahatma Gandhi Medical College

& Research Institute, Sri Balaji

Vidyapeeth University, Pondy

Cuddalore Main Road, Pillayar

Kuppam, Pondicherry. …Respondents

Bar & Bench (www.barandbench.com)

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APPEALS under Clause 15 of the Letters Patent against the orders

made respectively in WP.Nos.26326 and 26334 of 2014 both dated

04.1.2016, WP.No.1493 of 2016 dated 29.1.2016, WP.No.5736 of 2016 dated

26.2.2016, WP. Nos.11880 and 11846 of 2016 both dated 13.3.2016,

WP.No.36467 of 2015 dated 04.1.2016 and WMP.No.12790 of 2016 in

WP.No.14626 of 2016 dated 28.4.2016.

PETITIONS under Article 226 of The Constitution of India praying for

the issuance of

(i) a Writ of Mandamus directing the 3rd respondent to register the

petitioner's Post Graduate Degree in M.S.(OG) issued by the 4th respondent

as a recognized degree under the Indian Medical Council Act 1956 (WP.No.

419 of 2016);

(ii) a Writ of Mandamus directing the 3rd respondent to register the

petitioner's Post Graduate Degree in M.S.(Obstetrics & Gynecology) Course

issued by the 4th respondent as a recognized degree under the Indian

Medical Council Act 1956 (WP.No. 420 of 2016);

(iii) a Writ of Mandamus directing the 3rd respondent herein to register

the PG Degree (MD Community Medicine) of the petitioners herein issued by

the 2nd respondent University forthwith enabling the petitioners to

participate in their further educational programmes and employment within a

reasonable time as may be fixed by this Court (WP.No.7261 of 2016);

(iv) a Writ of Mandamus directing the 5th respondent herein to register

the PG Degree of the petitioner issued by the 3rd respondent University

forthwith (WP.No. 29419 of 2016);

(v) a Writ of Mandamus directing the 5th respondent herein to register


forthwith (WP.No. 29420 of 2016);

(vi) a Writ of Mandamus directing the 5th respondent herein to register


forthwith (WP.No.29421 of 2016);


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(vii) a Writ of Mandamus directing the 5th respondent herein to

register the PG Degree of the petitioner issued by the 3rd respondent

University forthwith (WP.No. 29422 of 2016);

(viii) a Writ of Mandamus directing the 5th respondent herein to

register the PG Degree of the petitioner issued by the 3rd respondent

University forthwith (WP.No.29423 of 2016);

(ix) a Writ of Mandamus directing the 5th respondent herein to register


forthwith (WP.No.29424 of 2016); and

(x) a Writ of Mandamus directing the 5th respondent herein to register


forthwith (WP.No.29425 of 2016).

For Appellants in WA.Nos.263,

270, 320, 398 & 614 of 2016;

For R108 in WA.No.923 of 2016;

For R1 in WP.Nos.29419 to 29425

of 2016; For R2 & R3 in WP.Nos.

419 & 420 of 2016; & For R1 in

WP.No.7261 of 2016 : Mr.V.P.Raman

For R1 in WA.No.263 of 2016 : Mr.S.Subbiah

For R3 in WA.Nos.263 & 270 of

2016 & For R8 in WA.No.320 of

2016; For appellants in WA.Nos.

596, 597 & 923 of 2016; For R3

in WA.No.398 of 2016; For R14

in WA.No.614 of 2016; For R5 in

WP.Nos.29419 to 29425 of 2016;

& For R3 in WP.No.7261 of 2016 : Mr.G.Sankaran

For R4 in WA.Nos.263, 270 & 398

of 2016 : Mr.L.Swaminathan


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For R1 to R4 in WA.No.320 of

2016; For R1 to R10 in WA.No.

614 of 2016; & For Petitioner

in WP.No.7261 of 2016 : Mr.L.S.M.Hassan Fizal

For R6 in WA.No.320 of 2016

& For R70 in WA.No.596 of 2016;

For R109 in WA.No.923 of 2016; &

For R3 in WP.Nos.29419 to 29425

of 2016 : Mr.G.Hari Hara Arun

Soma Sankar


For R4 in WP.Nos.29419 to

29425 of 2016; & For R5 in

WP.Nos.419 & 420 of 2016 : Mr.K.Prabakar

For R5 in WA.No.320 of 2016 &

R71 in WA.No.596 of 2016; R1

in WA.No.614 of 2016; For R107

WA.No.923 of 2016 For R2 in

WP.Nos.29419 to 29425 of 2016 : Mr.K.Venkatramani, AAG

assisted by

Mr.P.Sivashanmuga

Sundaram, SGP

For R1 in WA.No.398 of 2016 : Mr.R.Manickavel

For R5 in WA.No.596 of 2016 : Mr.S.Sathishrajan

For R1 to R4 & R6 to R67 in

WA.No.596 of 2016 : Mr.R.Selvakumar


& For R1, R2, 24, 25, 61, 63,

71 to 73, 75, 77, 79, 80, 83,

87, 110, 114 & 119 : Mr.V.Raghavachari

For R72 in WA.No.596 of 2016 : Mr.R.Krishnamurthi, SC


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assisted by

Mr.A.Jinasenan

For R3, R5 to R7, R9, R11 to R18,

R23, R26, R27, R29 to R31, R33

to R41, R44 to R60, R62, R64,

R66 to R70, R74, R76, R81, R82,

R84 to R86, R88, R89, R91, R92,

R95 to R108, R111 to R113, R115

to R117 & R119 to R122 and R126

in WA.No.597 of 2016 : Mr.V.T.Gopalan, SC for

Mrs.Radha Gopalan

For R4, R8, R10, R19 to R22,

R28, R43, R65, R78, R93, R94,

R118 & R123 to R125 in

WA.No.597 of 2016 : Mr.S.Thankasivan

For R131 in WA.No.597 of 2016 : Mr.T.Meikandan

For R12 in WA.No.614 of 2016 : Mr.Anand David

For R13 in WA.No.614 of 2016 : Mr.S.K.Prabakar

For R1 to R106 in WA.No.923 of

2016 : Mr.Kandan Doraisami for

M/s.Muthumani Doraisami

For R110 in WA.No.923 of 2016 : Mr.A.S.Balaji


& For R1 in WP.Nos.419 & 420 of

2016 : Mr.K.S.Jaya Ganesan

For Petitioners in WP.Nos.29419

to 29425 of 2016 : Mr.N.R.Chandran, SC

for Mr.R.Natarajan

For Petitioners in WP.Nos.419

& 420 of 2016 : Mr.G.Justin

For R5 in WP.Nos.419 & 420

of 2016 : Mr.D.Ravichander

For R2 in WP.No.7261 of 2016 : Mr.K.Sathishkumar


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COMMON JUDGMENT

NOOTY.RAMAMOHANA RAO,J

WA.Nos.614 and 320 of 2016 :

Both these writ appeals are preferred by the Medical Council of India

(henceforth called as the MCI). While W.A.No.614 of 2016 is preferred

against order dated 04.1.2016 passed by our learned brother

M.M.Sundresh,J in W.P.No.36467 of 2015, W.A.No.320 of 2016 is directed

against the order dated 29.1.2016 rendered in W.P.No.1493 of 2016 by the

very same learned Judge duly following the order passed by him earlier in

W.P.No.36467 of 2015.

2. The writ petitioners are students, who prosecuted various Post

Graduate medical courses such as M.D.(General Medicine), M.D.(General

Surgery), M.D.(Pediatrics), M.D./M.S.(OBG) and M.D. (Anesthesia) from the

fourth respondent – ESI Corporation Medical College and Post Graduate

Institute of Medical Sciences and Research (henceforth called as the Medical

College).

3. There is no doubt with regard to the fact that the MCI granted the

Letter of Permission (LoP) to the medical college for commencing Post

Graduate medical courses paving the way for grant of admission to the

aforementioned Post Graduate medical courses in the fourth respondent -

Medical College. They completed the three year Post Graduate course and

appeared for the examinations conducted by the third respondent – the Tamil

Nadu Dr.MGR Medical University (for short, the Medical University), Chennai


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and they were declared to have passed the respective courses and a

provisional certificate was also issued to them. However, the fifth respondent

– the Tamil Nadu Medical Council declined to register the Post Graduate

degree certificate so secured, with the result, the writ petitioners could not

participate either in the selection for securing employment in Government

Medical Services or pursue further super specialization in their chosen field of

medical education. It is in that backdrop, the writ petitions came to be

instituted seeking identical relief, to direct the fifth respondent to register the

respective Post Graduate degrees of the petitioners as accorded by the third

respondent - Medical University forthwith.

4. The learned Judge, by a detailed order dated 04.1.2016, allowed

W.P.No.36467 of 2015 and finding the cause in W.P.No.1493 of 2016 being

identical, allowed it following the same reasoning assigned by him in the

earlier order dated 04.1.2016 rendered in W.P.No.36467 of 2015.

5. Before the learned Single Judge, the objections raised by the MCI,

which also formed the sheet anchor of their attack even before us, is that the

Medical College has not removed all the deficiencies pointed out by the MCI

and hence, the name of the fourth respondent - Medical College and the

degrees secured by the writ petitioners by studying the respective Post

Graduate degree courses in the said Medical College could not be included in

the First Schedule to the Indian Medical Council Act, 1956 (henceforth called

as the Act) and issuing a Writ for registering such Post Graduate degrees by


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the fifth respondent – State Medical Council would amount to re-writing the

legal regime contained in Sections 11 and 17 of the Act.

6. The core issue canvassed before us - and with passion as well - sent

us to decipher the content and scope of Sections 11 and 17 of the Act. The

Act has been ushered in, amongst other purposes, to maintain an All India

Register by the MCI containing the names of all the medical practitioners

possessing recognized medical qualifications. Over a period of time, the Act

has been amended providing for various related subject matters concerning

establishment of medical colleges, new courses of study and recognition of

medical qualifications granted by medical institutions in foreign countries,

standardization of the course content, etc.

7. Under Section 3 of this Act, the Central Government was required to

cause to be constituted a Council consisting of several members. As per

Section 6 of the Act, the Council so constituted shall be a Body Corporate by

the name of MCI having perpetual succession and a common seal. Section

10A has been introduced by Amending Act 31 of 1993. Section 10A(1)(b)

declares that notwithstanding anything contained in the said Act or any other

law for the time being in force, no medical college shall open a new or higher

course of study or training including a Post Graduate course of study or

training, which would enable a student of such course or training to qualify

himself for the award of any recognized medical qualification, without

obtaining prior permission. Similarly, increase of admission capacity in any


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course of study or training in a medical college is also injuncted.

8. Section 10B(2) sets out that where any medical college opens a new

or higher course of study or training, except with the previous permission of

the Central Government in accordance with the provisions of Section 10A, no

medical qualification granted to any student of such medical college on the

basis of such study or training shall be a recognized medical qualification for

purposes of this Act. Thus, no medical qualification granted to any student of

such a medical college, which opens a new higher course of study without

first obtaining the previous permission in terms of Section 10A, shall be a

recognized medical qualification. In other words, medical qualification

secured by undertaking a study of the course/training, in a medical college/

institute which offered such a course/training after obtaining the permission

under Section 10A of the Act, is a recognized qualification.

9. Section 11 deals with recognition of medical qualifications granted

by universities or medical institutions in India. Since it will have some bearing

upon the controversy at issue, we extract the said provision, which reads as

under :

“1. The medical qualifications granted by

any university or medical Institution in India,

which are included in the First Schedule shall be

recognized medical qualifications for the purposes

of this Act;

2. Any university or medical institution in

India which grants a medical qualification not


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included in the First Schedule may apply to the

Central Government, to have such qualification

recognized, and the Central Government, after

consulting the Council, may, by Notification in the

Official Gazette, amend the First Schedule so as to

include such qualification therein, and any such

notification may also direct that an entry shall be

made in the last column of the First Schedule

against such medical qualification declaring that it

shall be a recognized medical qualification only

when granted after a specified date.”

10. Sub-Section (1) thereof declares that the medical qualifications

granted by any university or medical institution in India, which are included in

the First Schedule shall be recognized medical qualifications for purposes of

the Act. Sub-Section (2) thereof makes a provision that any university or

medical institution in India, which grants a medical qualification not included

in the First Schedule, may apply to the Central Government to have such

qualification recognized and the Central Government, after consulting the

Council, may, by Notification in the official gazette, amend the First Schedule

so as to include such qualifications therein declaring that it shall be a

recognized medical qualification only when granted after a specified date.

11. Thus, the content of Section 11 is more declaratory in nature.

While Sub-Section (1) of Section 11 has provided for recognition of the

medical qualifications granted by any university or medical institution in

India, for which purpose, the university/medical institution shall be included


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in the First Schedule to the Act. By this provision, recognition of the medical

qualifications granted by the universities or medical institutions is sought to

be regulated. Thus, it is, to a certain extent, a regulatory provision as well

and when once the medical qualification, which the university or medical

institution granting it, gets included in the First Schedule to the Act, the

qualification as well as the institution granting it get automatically recognized.

12. Whereas Sub-Section (2) is somewhat procedural in content and

scope. It enables the university or medical institution in India to grant a

medical qualification, which institution or the course may not have been

included in the First Schedule, to apply to the Central Government to amend

appropriately the First Schedule. But however, such universities/medical

institutions are required to have such qualifications recognized by

approaching the Central Government, which, in turn, shall consult the MCI

and then notify in the official gazette the necessary amendment to the First

Schedule, so as to include such qualifications granted by the university or

medical institution. Further, such grant of recognition can be accorded with

effect from a specified date. Thus, the necessary discretion has also been

accorded to the Central Government and the MCI in so far as amendment in

the First Schedule to the Act is concerned.

13. It will also be appropriate in this context to notice the content of

the provisions of Sub-Section (1) of Section 13, which sets out that medical

qualifications granted by medical institutions in India, which are not included


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in the First Schedule, but which are included in Part I of the Third Schedule

shall also be recognized as medical qualifications for the purposes of the Act.

Though the setting of Section 13 is intended to achieve a different purpose

and objective, but it lends support to the view that Sub-Section (2) of

Section 11 is only procedural in content and nature and is not a substantive

one to be construed as a bar.

14. Section 15 of the Act sets out that the medical qualifications

included in the Schedule of the Act shall be sufficient qualifications for

enrollment on any State Medical Register. Section 16 requires every

university or medical institution in India, which grants a recognized medical

qualification, to furnish such information as the Council may, from time to

time, require as to the courses of study and examinations to be undergone in

order to obtain such qualification and the requisites for obtaining such

qualification. Section 16, thus, confers power on the Medical Council of

securing necessary information for the purpose of maintenance of standards

of the State Medical Registers.

15. Section 17 contemplates appointment of Medical Inspectors to

inspect any medical institution, college, hospital where education is imparted

or to attend any examination to be held by any university or medical

institution for purpose of recommending to the Central Government,

recognition of medical qualifications granted by that university or medical

institution. Sub-Section (2) thereof makes it clear that the Medical Inspectors


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so appointed shall not interfere with the conduct of any training or

examination, but shall report on the adequacy of the standards of medical

education including staff, equipment, accommodation, training facilities

prescribed for giving medical education or on the sufficiency of every

examination, which they attend. Sub-Section (3) enables the copy of the

inspection report together with the remarks of the university or medical

institution thereon, to be forwarded to the Central Government for its

consideration.

16. Thus, Section 17 of the Act has conferred a regulatory power on

the MCI to oversee that proper standards of medical education are

maintained and that no infrastructural deficiency or instructional deficiency is

ignored in the matter of recognition of the medical qualifications granted by

such university/medical institution concerned by the Central Government

while examining the necessity for amending the First Schedule of the Act.

Section 18 also enables the Medical Council to appoint Visitors (any person

other than those who are appointed as Inspectors under Section 17) to

inspect any medical institution, college, hospital where medical education is

imparted or to attend any examination held by such university or medical

institution for the purpose of granting recognized medical qualifications. The

Visitors shall not interfere with the conduct of any training or examination,

but shall report on the adequacy of the standards of medical education

including staff, equipment, accommodation, training and other facilities


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prescribed for imparting such medical education or on the sufficiency of every

examination, which they attend. The report of the Visitor under Sub-Section

(4) of Section 18 shall be treated as confidential and in case the Central

Government wishes to look into such report of a Visitor, the Council shall

furnish the same to the Central Government.

17. Section 19(1) confers power on the Medical Council, based upon a

report by the Committee of Inspectors appointed under Section 17 or on the

basis of the report of the Visitor appointed under Section 18, if the Medical

Council forms an opinion that the courses of study and examination to be

undergone or the deficiencies in both instructional and infrastructural, render

them to come to a conclusion that they do not conform to the standards

prescribed by the Council, to make a recommendation to that effect to the

Central Government. Under Sub-Section (2) of Section 19, upon considering

such report of the Medical Council, the Central Government shall forward the

same to the State Government concerned with such remarks, which it may

choose to intake thereon and send it to the university or medical institution

calling for its explanation to be offered within a specified time limit. Under

Sub-Section (3), the State Government, while forwarding the explanation, if

any submitted by the institution concerned, shall make its recommendations

to the Central Government. Under Sub-Section (4) of Section 19, the Central

Government, by Notification in the official gazette, direct that entry shall be

made in the appropriate schedule against the medical qualifications granted


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by the university or medical institution declaring that it shall be a recognized

medical qualification only when granted before a specified date or after a

specified date, as the case may be.

18. Under Section 19A, the Medical Council has been authorized to

prescribe minimum standards of medical education required for granting

recognized medical qualifications by universities or medical institutions in

India by framing appropriate regulations. Section 20 specifically confers

powers on the MCI to prescribe standards of Post Graduate medical

education for the guidance of universities. Section 21 requires the MCI to

maintain a Register of Medical Practitioners to be known as the Indian

Medical Register, which shall contain the names of all persons, who are for

the time being enrolled on any State Medical Register and also the recognized

medical qualifications possessed by them.

19. Section 23 enables the Registrar of the MCI, upon receipt of a

report of registration of person in a State Medical Register or on application

made in the prescribed manner by any such person, enter his name in the

Indian Medical Register, provided the Registrar is satisfied that the person

concerned possesses a required medical qualification. Section 25 provides for

provisional registration. Sub-Section (2) provides for provisional registration

in the State Medical Register. Sub-Section (2) of Section 25 reads as under :

“A person who has passed the qualifying

examination of any university or medical

institution in India for the grant of a recognized


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medical qualification shall be entitled to be

registered provisionally in a State Medical Register

for the purpose of enabling him to be engaged in

employment in a resident medical capacity in any

approved institution, or in the Medical Service of

the Armed Forces of the Union, and for no other

purpose, on production of proper evidence that he

has been selected for such employment.”

20. Section 26 includes any person, whose name is entered in the

Indian Medical Register, upon obtaining any title, diploma or other

qualification for proficiency in medicine, which is a recognized medical

qualification and upon his application, be entitled to have an entry relating to

such qualification made against his name in the Medical Register either in

substitution for or in addition to any entry previously made. Section 33

confers power on the Council to make regulations with previous sanction of

the Central Government on the subjects specified therein.

21. The First Schedule has included the Medical University, Chennai

and the Post Graduate courses pursued by the writ petitioners – students in

the instant case are also included therein.

22. An analysis of the provisions of the Act, in particular, Sections 10A,

16 and 17, unmistakably discloses that the MCI has power of

superintendence for purpose of maintaining the standards of medical

education in the country. By the very constitution, the MCI is an Expert Body

on the subject. Therefore, it has been conferred wide ranging regulatory and


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other substantive powers dealing with medical education, both at the Under

Graduate and Post Graduate levels. But however, as was noticed supra,

Section 11(2) has provided for the qualification granted by a university or

medical institution, which is not already included in the First Schedule under

the Act to be included in the First Schedule of the Act by the Central

Government. When once the Letter of Permission (LoP) has been accorded to

a medical college by the MCI for starting a new course of Post Graduate

education, in terms of and in accordance with Section 10A, thereafter it can

only make available the inspection report submitted under Section 17 by the

Committee of Inspectors or Visitors report gathered under Section 18 of the

Act either for grant or withdrawal of recognition of the qualifications by the

Central Government by following the procedure prescribed under Section 19.

On its own, the MCI cannot either grant or withhold the recognition of any

medical qualification. It can only make its remarks to be made available to

the Central Government and the Central Government will have to act in strict

conformity of Section 19 of the Act either for the purpose of granting or

withdrawing the recognition.

23. Thus, in the instant case, the writ petitioners – students have

prosecuted the three year Post Graduate medical education from the fourth

respondent medical college only after the LoP has been accorded by the MCI

to the said medical college. If there are still deficiencies, both instructional

and infrastructural, remained unrectified by the medical college concerned,


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the MCI cannot prevent the provisional registration of the qualifications

acquired by the students. Section 25(2) clearly provides for provisional

registration in the State Medical Register for purposes of employment in a

resident medical capacity in any approved institution or in the medical

services of the Armed Forces of the Union and for no other purpose on

production of proper evidence that he has been selected for employment.

24. In the instant case, the writ petitioners are seeking the registration

of their Post Graduate qualifications in the State Medical Register to enable

them to be recruited by the Selection Committee constituted by the State

Government. Therefore, the writ petitioners could be recruited by the State

Government initially to be employed as a resident medical practitioner in any

of the medical institutions approved and lying in their administrative control.

Therefore, we are of the opinion that the provisional registration of the Post

Graduate medical qualifications acquired by the writ petitioners upon passing

the examination conducted by the third respondent – the Medical University,

Chennai, cannot be prevented.

25. The State Legislature enacted the Tamil Nadu Dr.MGR Medical

University Chennai Act (Act 37 of 1987) (henceforth called the State Act).

The State Act applies to every college and institution situated within the

university area, which conducts any course of study or imparts any course or

training, which may qualify for award of any degree, diploma or other

academic distinction by the university in any system of medicine [Section


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1(3)(d)]. Section 5 of the State Act confers power on the university to hold

examinations and to confer degrees, diplomas and other academic

distinctions on any person, who has pursued an approved course of study or

training in a college and has passed the examinations prescribed by the

university. Sub-Section (2) of Section 5 also confers power on the university

to confer degrees, diplomas and other academic distinctions on persons, who

have pursued an approved course of study or training or research. Sub-

Section (5) of Section 5 has conferred powers on the university to affiliate

colleges or institutions as affiliated colleges. Thus, the power to conduct

examination and confer degrees on those, who qualified at the end of course

of study or training is available with the State University.

26. In the above backdrop, when we examine the views expressed by

the learned Single Judge in the impugned orders, there is no exception that is

needed to be drawn thereto, for, the students pursued the Post Graduate

education in an affiliated medical college only after that college was granted

LoP for that particular Post Graduate course and underwent three year

training course therein, have successfully completed the study or the course

or training and have appeared for the examinations conducted by the third

respondent – university, which has been authorized by the State Enactment

to conduct such examinations and confer degrees on successful candidates.

Therefore, the provisional pass certificate issued by the third respondent –

university is, in no manner, defective. If we may add, in spite of


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infrastructural and institutional defects said to have been noticed by the MCI,

in so far as the fourth respondent medical college, still the students could

make the grade by competing with their peers, who have prosecuted the

same course from other medical institutions in the State where there are no

such deficiencies. They have cleared the examination when they are judged

in this backdrop by a common yardstick thus proving that instructional and

infrastructural deficiencies found out by the MCI have not come in their way

at all and their study and performance at the university examinations is not

greatly impacted.

27. However, we are pained to notice that without rectifying or

remedying the deficiencies pointed out by the Inspecting Teams of the MCI

constituted under Section 17 of the Act, the medical institutions are allowed

to go ahead and permit their students to complete the course of study. The

MCI is required to act in time and not to wait till the very last minute when

the students would be left with very little time or chance to enjoy the benefits

by securing compliance with the deficiencies. The students cannot be

subjected to the humiliating experience of waiting in the wings for years

together. The various measures and options softly followed by the MCI, if

they are not producing desired results, perhaps time has come to evolve a

legal principle and fasten accountability on the medical college/institution

concerned. The power to do so is clearly available both under Sections 17

and 19 of the Act.


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28. Whenever any medical institution allows the students to complete

their education without fully rectifying or remedying the deficiencies pointed

out by the Committee of Inspectors appointed by the MCI under Section 17

or the Visitors report gathered under Section 18, such medical institutions

shall be imposed compensatory costs, so that if not for fear of God, they

would comply with the requirements prescribed by the MCI faithfully for fear

of losing money. We consider that it would be appropriate to levy

compensatory costs at the rate of Rs.1,00,000/- (Rupees one lakh only) for

every Under Graduate student, who has been allowed to complete the course

without fully remedying and rectifying all the infrastructural and instructional

deficiencies pointed out by the MCI. Similarly, a minimum of Rs.2,00,000/-

(Rupees two lakhs only) shall be imposed as compensatory costs for every

student, who has been allowed to complete the Post Graduate course without

remedying and rectifying the defects pointed out by the Team of Inspectors

of the MCI. The State Government, through its Director of Medical Education,

shall recover, on annual basis, the compensatory costs to be imposed by the

MCI from each defaulting medical college/institution. Later on, the Director of

Medical Education shall disburse the costs so recovered to each of such

students as a measure of compensation after deducting a sum of Rs.10,000/-

in case of Under Graduate students and Rs.25,000/- (Rupees twenty five

thousand only) in case of Post Graduate students and the State Government

is entitled to withhold the said sum of Rs.10,000/- (Rupees ten thousand


22

only) in case of Under Graduate students and a sum of Rs.25,000/- (Rupees

twenty five thousand only) in case of Post Graduate students. The money so

withheld by the State Government shall not be appropriated by it for any

other purpose, but it must be exclusively spent for upgrading the

infrastructure in one or more than one medical college administered by it.

W.A.Nos.263, 270, 398, 596, 597 and 923 of 2016 :

29. In view of our analysis of the legal regime and coming to the

conclusion that the Post Graduate medical qualifications obtained by the

students after LoP is granted to the institution concerned, such students are

entitled to have such qualifications entered in the register maintained by the

State Medical Council, the above reasoning applies equally in the other cases

also, including to Under Graduate courses. We may also add that M.D.

(Microbiology) course in Mahatma Gandhi Medical College and Research

Institute, Puducherry has been recognized on 20.5.2016 (subject matter of

W.A.Nos.264, 268 and 269 of 2016). Similarly, M.D.(Community Medicine) in

Mahatma Gandhi Medical College and Research Institute, Puducherry has

been recognized on 20.5.2016 (subject matter of W.A.Nos. 265, 266 and 267

of 2016). M.D. (Anesthesia) in ESI Medical College and Research Institute,

Chennai has been recognized on 03.8.2013 and in so far as M.D. (General

Medicine) is concerned, after considering the compliance report, the MCI

recommended to the Central Government on 24.5.2016 for recognition of the

course, which is the subject matter of W.A.Nos.320 and 614 of 2016.


23

W.P.Nos.419, 420, 7261, 29419 to 29425 of 2016 :

30. The core issue raised in these writ petitions is all about the right to

have their Post Graduate degree qualifications entered on provisional basis in

the State Medical Register. In view of our findings above, since the students

have prosecuted the course from the college, which has been accorded LoP,

such qualifications deserve to be included in the State Medical Register on

provisional basis.

31. For the aforesaid reasons, we find no merit in these writ appeals.

32. It is seen that W.A.Nos.596, 597 and 923 of 2016 have been filed

against the interim orders granted by the learned Single Judge in W.P.Nos.

11846 and 11880 of 2016 dated 13.3.2016 as well as W.P.No.14626 of 2016

dated 28.4.2016. Following the same reasoning set out by us supra, W.P.

Nos.11846, 11880 and 14626 of 2016 are allowed.

33. Accordingly, all the writ appeals are dismissed. Consequently, all

the CMPs are also dismissed. W.P.Nos.419, 420, 7261, 29419 to 29425 of

2016 are allowed. Consequently, the connected WMPs are closed. No costs.

(N.R.R.J.) (S.M.S.J.)

11/8/2017

Speaking

Index : Yes

Internet : Yes

RS


24

NOOTY.RAMAMOHANA RAO,J

AND

S.M.SUBRAMANIAN,J

RS

P.D.COMMON JUDGMENT IN

WA.Nos.263, 270, 320, 398,

596, 597, 614 & 923 of 2016

& WP.Nos.419, 420, 7261,

29419 to 29425 of 2016 &

all connected pending CMPs

& WMPs

11/8/2017


Bar & Bench () R1 in WA.No.398 of 2016 : Mr.R.Manickavel For R5 in WA.No.596 of 2016 :...

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Transcript of Bar & Bench () R1 in WA.No.398 of 2016 : Mr.R.Manickavel For R5 in WA.No.596 of 2016 :...