Dismissed

Dr. v. S. Issac Aiyyah Medical College and Research Institute and General Hospital v Union of India and Ors.

Delhi HC5 Dec 2018W.P.(C)/12988/2018

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging the disapproval of a new Medical College scheme. Rejecting the argument that an Essentiality Certificate was deemed granted after ninety days, the Court held the petitioner failed to submit required documents, validating the Ministry's decision.

What the court decided

AI extract

Dr. v. S. Issac Aiyyah Medical College and Research… — Education and Admissions | Delhi HC (2018)

¶1

Signature Not Verified Signed By:RAM DATT Signing Date:18.10.2024 16:15 Certify that the digital and physical file have been compared and the digital data is as per the physical file an d no page is missing.

¶2

Research Institute, Arkkonam for the academic session 201819 to the Ministry. The Ministry forwarded the application to MCI for evaluation and making recommendation to the ministry u/s 10 A of IMC Act 1956 for the academic session 2018-19.

¶3

Whereas the Medical Council of India (MCI) vide its letter dated 06.09.2017 returned the application recommending to the Central Government to disapprove the scheme of establishment of new Medical College at Arkkonam, Tamil Nadu by Christian Institute of Professional Education & Religious Trust, Arakkonam, Tamil Nadu as they did not submit following documents with the application/documents submitted were incomplete:-

¶4

i. Form.5

¶5

ii. Consent of Affiliation

¶6

hi. Incomplete Essentially Certificate. ,

¶7

iv. English Translated-cbpids of thd title deeds.

¶8

v. Applicant has not submilitcd year wise Time Bound Programme 7

¶9

vi. Balance Sheet fbr the )^ear , ending 31.03.2016 & 31.03.2017 : J -vj;-

¶10

vii.Land is not registefedHn themame of the applicant

¶11

I "'v ,.' •

¶12

i,Ai

¶13

Whereas, u/s 10A(.4) bf IMC Actj|;.1956, the Ministry afforded an opportunity ' of|iieafmgrt college before a Hearing Committee con^tilnteli'jferlfie'purpose on 06.10.2017 and the Hearing Committee, after considering the submissions/compliance furnished by the^ .College, observed asunder:I 'Cv'' . 7^-:.. I

¶14

" The College submitted that the land is registered in the name of the Trust. The Committee was not satisfied with the submission made by the College. The College has applied for the issue of EC to the State Government. They have submitted balance sheet ending 31.03.2016 to 31.03.2017 and year wise time bound programme.

¶15

The Committee is of the view that the recommendation of MCI for disapproval may be accepted."

¶16

W.P.(C) 12988/2018

¶17

Page 2 of 5

¶18

A copy of the Hearing Committee report containing their observation is enclosed.

¶19

Now, therefore, accepting the recommendations of the Medical Council of India and the Hearing Committee, the Ministry hereby disapproves the scheme of establishment of new Medical College at Arkkonam, Tamil Nadu by Christian Institute of Professional Education & Religious Trust, Arakkonam, Tamil Nadu for the academic year 2018-19;

¶20

Sd./. D.V.KRao Under Secretary to the Govt. of India"

¶21

¶22

Learned counsel for, the, petitioner preriiaturely sought to submit that the premises of the petitioner had not been inspected/examined by the Directorate of Medical Education, Chcnnai.

¶23

On the court pointing out, to him, that the Directorate of Education, Chermai, had not even been, fmpleaded as party in these proceedings, learned counsel modified his 'arguments to urge that the impugned communication, dated May, 2018, was unsustainable as the petitioner had applied,for grant of Esseptiality Certificate on 27^^ August, 2015 and that, on the dxpiiy of 9dMays from the receipt of the said application, the Essentiality Certificate was deemed to be granted. Learned counsel would seek to rely, for the said purpose, on Section 10 (3) of the National Commission for Minority Education Institutions Act, 2004.

¶24

Section 10 of the said Act may be reproduced, to advantage, thus:

¶25

W.P.(C) 12988/2018

¶26

Page 3 of 5

¶27

Right to establish a Minority Educational Institution.-

¶28

(1) Subject to the provisions contained in any other law for the time being in force, any person, who desires to establish a Minority Educational Institution may apply to the competent authority for the grant of no objection certificate for the said purpose.

¶29

(2) The Competent authority shall,—(a) on perusal of documents, affidavits or other evidence, if any; and

¶30

¶31

(b) after giving an opportunity of being heard to the applicant, decide every application filed under sub-section (1) as expeditiously as possiblcL and fcgfajit or reject the application, as the case may be:

¶32

Provided that where an application is rejected, the Competent authority shall communieatefthe satneft^^^ the applicant.

¶33

(3) Where within a period, of ininety days from the receipt of the application under sub-;section (1) for the grant of no objection certificate,-^:;, - ' ^

¶34

(a) the Competent aiithority dodsonot grant §uch certificate; or

¶35

(b) where an apliliCiatioii has been rejicled and the same has not been communicated to the person'who has applied for the grant of such certificate, it shall be deemed that the Competent authority has granted a no objection certificate to the applicant."

¶36

It is apparent, at first glance; that Section 10 (3) of the said Act does not rriake any reference to issuance of any Essentiality Certificate, though learned counsel for the petitioner seeks to emphatically contend that "no objection certificate", referred to in the'

¶37

W.P.(C) 12988/2018

¶38

Page 4 of 5

¶39

said provision, is, essentially, an "Essentiality Certificate".

¶40

This submission of the learned counsel for the petitioner has been urged, earlier, before this Court, and rejected, by the judgment in Medical Council of India v. Al Karim Educational Trust, (2011) 180 DLT 268 which stands affirmed, in LPA, by the judgment reported at 2011 see Online Del 3002 (Al Karim Educational Trust v. Medical Council of India). The Supreme Court has also dismissed the SLP fC) 34456/2011, preferred thereagainst by Al Karim Education Trust, vide its, order dated January, 2012. ..

¶41

In view thereof, the petitioner havipg hot submitted the.requisite Essentiality Certificate, apart from other documents, no exception could possibly be taken to the intpugnedTett^ dated 3 May, 2018.

¶42

The writ petition is, tl^fefbre,; completely misconceived and is accordingly dismissed. I; , v > - I

¶43

GyH^KrSHASKAR,'j.

¶44

DECEMBER 05, 2018 ' I

¶45

dsn

¶46

W.P.(C) 12988/2018

¶47

. Page 5 of 5

Dr. v. S. Issac Aiyyah Medical College and Research Institute and General Hospital v Union of India and Ors.

Case brief

What is this about?

What the court decided

Dr. v. S. Issac Aiyyah Medical College and Research Institute and General Hospital v Union of India and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Govt of NCT of Delhi and Ors. Vs Beena Devi and Ors.

Govt of NCT of Delhi and Ors. Vs Kishore and Ors.

Govt of NCT of Delhi and Ors. Vs Palni and Ors.

The Director General Cpwd Vs Devi

North Delhi Municipal Corporation Vs Hari Lal

South Delhi Municipal Corporation Vs Mahabir Singh & Ors.

South Delhi Municipal Corporation Vs Satpal & Ors.

South Delhi Municipal Corporation Vs Hari Chand & Ors.

Mohd. Aslam Khan & Ors. Vs East Delhi Municipal Corporation of Delhi and Ors.

Sahvir Mahto Private Iti Vs Directorate General of Training

Amita Pandey & Anr. Vs Union of India & Ors.

Ms. Aarushi Dhingra Vs Union of India and Ors.

Dr Vinayak Varma Vs Medical Counseling Committee

Muskan Samjiik Evan Vs Union of India & Anr.