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W.P.(C) 5763/2015 &CMNo. 10359/2015
JAMIA HAMDARD (DEEMED UNIVERSITY) Petitioner
Through: Mr Parag P. Tripathi, Sr. Advocate with Mr Saket Sikri, Mr Pranmoy and
Ms AnasuyaChaudhary, Advocates.
Through: Mr T. Singhdev, Ms Manpreet Kaur Bhasin and Mr Manan Khera, Advocates for MCI.
Mr Saroj, Advocate forR-2.
ORDER o/o 29.05.2015 The petitioner impugns a communication dated 14.05.2015 sent by the Medical Council of India (hereafter 'MCI') to respondent no.2 recommending that the permission for admission to fourth batch of MBBS students for the academic year 2015-16, be not renewed.
The principal ground urged by the petitioner to assail the said communication is that the same is not in conformity with the letter dated
07.05.2015 addressed by the Central Government to MCI. According to the petitioner, the Committee constittited by the Central Government to provide an opportunity of hearing to the concerned institutions had considered the case of the petitioner and had recommended that ''an undertaking may he obtained from the college^ The petitioner contends that in the circumstances, there was no occasion for MCI to have issued a communication dated 14.05.2015; and all that MCI was required to do was
2015:DHC:11148 to accept the undertaking asrecommended to the Committee.
The learned counsel appearing for MCI submits that the contents of the letter dated 07.05.2015 did not require MCI to accept any undertaking, as the recommendations made by the Committee (as mentioned in the communication dated 07.05.2015) had to be considered by the Central
Government. He further referred toparagraphs 3 &4 ofthe said letter which read as under:-
"3. After considering recommendations of MCI and Hearing
Committee, the Ministry has decided that the MCI may be asked for compliance verification.
JUDGMENT
4. In view of above, MCI is requested to send revised recommendation after compliance verification." He submits that the aforesaid directions only implied that the' Central Government had considered the recommendations of MCI as well as the recommendations of the Committee andhaddecided thatMCI may be asked for "compliance verification" and also send "revised recommendations." He submits that in view of the fact that compliance verification (that is, inspection conducted after the initial inspection to verify whether the deficiencies pointed pursuant to the initial inspection had been cured) had been conducted on 12.04.2015 and, therefore, no further compliance verification was necessary. In this view, MCI issued the letter of 14.05.2015 reiterating its negative recommendation. All parties, including Central Government, agree that no further inspection was to be carried out pursuant to the letter dated 07.05.2015. Therefore, the principal controversy is narrowed down to the issue whether any further action is required by the MCI. In my view, it is not necessary to further dwell into the course that MCI was required to follow because, MCI has already made its recommendations. The MCI is unequivocal in its recommendation and its views are also reiterated in the impugned communication of 14.05.2015. The Committee constituted by the Central Government had heard the submissions ofthe various colleges including the petitioner college. All that remains now is for the Central Government to take its decision. At this stage, the learned counsel for the petitionersubmits that if the Central Government decides not to renew its approval, the petitioner would be left remediless, as the schedule prescribed for granting approvals and for admission of students is inflexible. The last date for granting or denying approval is 15.06.2015 and, therefore, it is essential for the Central Government to take a clear decision in the matter prior to the said date in order to enable the petitioner to take appropriate remedies, ifaggrieved. In the circumstances, respondent no.2 (Central Government) is directed to take the final view on the petitioner's application on or before 07.06.2015. The petition is disposed ofwith the aforesaid directions. Dasti under the signature of Court Master. MAY 29,2015 RK VIBHUBAKHRU, J