Medical Council of India v. V.N. Public Health & Educational Trust & Ors.
Civil Appeal No. 3964 of 2016
Supreme Court of India
Facts of the Case
V.N. Public Health & Educational Trust (Respondent No. 1) submitted an application dated 30 August 2015 to the Central Government seeking permission to establish a new medical college for the academic year 2016–17. The Government of India forwarded the application to the Medical Council of India (MCI) on 23 September 2015.
Upon scrutiny, MCI found that the Essentiality Certificate issued by the Government of Kerala was not in conformity with the prescribed format under the Establishment of Medical College Regulations, 1999. Further, the certificate was conditional in nature, which rendered it invalid in law. Relying on the Supreme Court decision in Royal Medical Trust v. Union of India (2015), MCI recommended disapproval of the application.
The Central Government issued a notice dated 4 November 2015 directing the Trust to appear before a committee on 16 November 2015. The Trust failed to appear, and the matter was decided ex parte.
Aggrieved, the Trust filed Writ Petition (C) No. 35705 of 2015 before the Kerala High Court.
Proceedings before the High Court
The learned Single Judge, by order dated 25 November 2015, held that the application should not be rejected merely due to defects in the Essentiality Certificate if a renewed certificate had been obtained. The Court directed the authorities to consider the application.
Subsequently, by order dated 16 December 2015, the Court noted that the Trust had obtained a fresh Essentiality Certificate and directed the Central Government to consider the application afresh after granting a hearing.
MCI filed Writ Appeal No. 96 of 2016 before the Division Bench, contending that:
- The statutory time schedule could not be altered.
- The last date for recommendation by MCI was 15 December 2015.
- The Letter of Intent had to be issued by 15 January 2016.
- There was insufficient time to process the application.
The Division Bench dismissed the appeal, observing that the Central Government had the power to extend the time schedule and had already directed reconsideration.
Supreme Court Decision
The Supreme Court allowed the appeal and set aside the orders of the High Court.
Key Findings
- The Essentiality Certificate dated 1 August 2015 was conditional and therefore invalid.
- A valid Essentiality Certificate must confirm present availability of required infrastructure and clinical material; it cannot be based on future compliance.
- The certificate submitted by the Trust was defective at the time of application and did not satisfy legal requirements.
- The High Court erred in directing reconsideration and inspection despite non-compliance with mandatory requirements.
- The time schedule prescribed under the Regulations, approved by the Supreme Court, is binding and cannot be relaxed by courts or authorities.
- The directions of the High Court were contrary to the principles laid down in:
- Educare Charitable Trust v. Union of India
- Royal Medical Trust v. Union of India
Held
- The appeal was allowed.
- The judgments and orders of the Single Judge and Division Bench were set aside.
- The Trust was granted liberty to apply afresh for the next academic year in accordance with the Regulations and prescribed time schedule.
- No order as to costs.
Legal Principle
A conditional or defective Essentiality Certificate is not valid in law. Compliance with statutory requirements and the prescribed time schedule for establishment of medical colleges is mandatory and cannot be diluted by judicial directions.
Citation
Medical Council of India v. V.N. Public Health & Educational Trust & Ors., Civil Appeal No. 3964 of 2016
Relied on: (2015) 10 SCC 51
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