Supreme Court has observed that the Medical Council of India cannot be expected to approve an application submitted by an institution, for establishing new medical college, if the requisite ‘essentiality certificate’ submitted along with it, was defective.
The Division Bench comprising of Justices Dipak Misra and Shiva Kirti Singh set aside the Kerala High Court order wherein it had directed Medical Council of India to take into consideration the revised Essentiality Certificate submitted by V.N. Public Health & Educational Trust along with their application to establish new medical college from the Academic year 2016-2017.
The Trust initially submitted an application along with the essentiality certificate issued to it by Government of Kerala. The MCI rejected the application noting that is defective. The High Court, when the Trust approached it, directed the MCI to consider the application after the State Government issued revised essentiality certificate.
TheBenchperusing the essentiality certificate which was originally submitted observed, “A conditional certificate cannot be regarded as the requisite Certificate inasmuch as the conditions which are essential to the certificate are required to be fulfilled. On the basis of such a certificate, the MCI was not expected to approve the application submitted by an educational institution. It had clearly communicated that the prescribed format stipulates that adequate clinical material as per the MCI norms “is available”. Thus, the availability has to be in praesenti but not to be a condition to be satisfied at a later stage. That is not the postulate in the Regulations.”
Setting aside the orders of High Court the bench said “The application for grant of approval was filed with the Essentiality Certificate which was a conditional one and, therefore, a defective one. It was not an Essentiality Certificate in law. In such a situation, the High Court could not have directed for consideration of the application for the purpose of the inspection.We may further proceed to state that on the date of the application, the Essentiality Certificate was not in order. The Schedule prescribed by the MCI, which had been approved by this Court, is binding on all concerned. MCI cannot transgress it. The High Court could not have gone beyond the same and issued any direction for conducting an inspection for the academic year 2016-17. Therefore, the directions issued by the learned single Judge and the affirmation thereof by the Division Bench are wholly unsustainable.”
The Court however said that the Trust is free to submit a fresh application for the next academic year in consonance with the provisions of the Regulations of the MCI and as per the time Schedule; and in that event, it will be considered appropriately.
Read the Judgment here.