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Himachal Pradesh High Court · body

2014 DIGILAW 1372 (HP)

T. K. Gupta v. Union of India

2014-10-08

RAJIV SHARMA, SURESHWAR THAKUR

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JUDGMENT Justice Rajiv Sharma, Judge (oral). “Key facts” necessary for the adjudication of this petition are that the State Government has granted in the year 2009, 31 acre of land to respondent No.5 on a token lease of ` 1.00 for 99 years for constructing and starting ESIC Hospital and Medical College at Ner Chowk in Mandi District. Respondent No.5 submitted an application/scheme under section 10-A of the Medical Council Act, 1956 on 24.9.2013 to the Central Government for establishing new Medical College for the academic session 2014-2015. The scheme was placed before the Scrutiny Committee in its meeting held on10/11.2.2014. The recommendations of the Scrutiny Committee were placed before the competent authority and as per the directions, Medical Council of India, vide its communication dated 18.2.2014 followed by subsequent reminders dated 19.3.2014 and 31.3.2014requested respondent No.5-Medical College to submit the CD/DVD with regard to the standard inspection forms and the declaration forms within three weeks. The Medical College vide its communication dated 24.3.2014 submitted the CD/DVD containing the standard inspection forms and the declaration forms. Thereafter, the file was sent to the Assessment Cell of the Council on 9.4.2014 for appointment of assessors for the inspection of the Medical College. The Medical Council of India after verification of the land and other documents carried out the inspection of the infrastructure and other physical facilities available with the Medical College on 26.5.2014 and 27.5.2014. The inspection report was received from the assessors in the Council Office on 9.6.2014. The inspection/assessment report of the Medical Council of India inspection team was placed before the Executive Committee. Deficiencies were found in the Medical College as per the details given in Annexure P-1 dated 13.6.2014, which were conveyed to the Medical College also. Thereafter, the Council recommended to the Central Government to disapprove the scheme to establish Medical College for the academic session 2014-2015 vide Annexure R-4/6. Central Government after considering the recommendations of the Medical Council of India vide letter dated 9.7.2014 conveyed its decision to disapprove the Medical College’s scheme to establish a Medical College for the academic session 2014-2015. 2. We have gone through the decision conveyed to the Medical College on 13.6.2014. The supplementary affidavit has been filed by the State Government. According to the averments made in the affidavit, the State Government was to only issue essentiality certificate and provide the requisite land. 2. We have gone through the decision conveyed to the Medical College on 13.6.2014. The supplementary affidavit has been filed by the State Government. According to the averments made in the affidavit, the State Government was to only issue essentiality certificate and provide the requisite land. The State Government has provided the requisite land for construction of Medical College and Hospital by ESIC and the essentiality certificate was also issued. The State Government has also signed the MOU with the Dean, ESIC, Medical College and Hospital for attachment of Zonal Hospital, Mandi for ESIC Medical College for clinical/practical training of its MBBS students till the completion of the hospital. 3. Respondent Nos. 5 and 6 have filed reply to the petition. According to them, a sum of ` 750/- crores has already been spent for the construction of the College. According to the reply filed by respondent Nos. 5 and 6, there were not many deficiencies in the construction and infrastructure. The management of the college to meet the criteria of the Medical Council has carried out the amendments/additions as pointed out in the assessment report dated 13.6.2014. 4. Mr. S.R. Sharma has drawn the attention of the Court to assessment report Annexure R-5/A. We have gone through the same. We have also gone through the shortcomings pointed out by the Medical Council of India vide letter dated 13.6.2014 and the remedial steps taken by respondent No.5 vide Annexure R-5/A. The deficiencies pointed out are not fundamental in nature. The deficiencies pointed out vide Annexure P-1 to the large extent have been removed by respondent No.5 vide Annexure R-5/A and the remaining deficiencies can be ordered to be removed by respondent No.5 within reasonable period. 500 bedded hospital and 100 MBBS seats are utmost necessary in the larger public interest taking into consideration the terrain of State of Himachal Pradesh. A sum of Rs.750/- crore has already been spent. The College was conceived in the year 2009. The infrastructure available with the State Government at Zonal Hospital, Mandi has been permitted to be utilized by the Medical College on the basis of MOU between ESIC and State Government. However, fact of the matter is that in view of the deficiencies pointed out by the Medical Council of India, we cannot order the opening of College for the academic session 2014-2015 as vehemently argued by Mr. However, fact of the matter is that in view of the deficiencies pointed out by the Medical Council of India, we cannot order the opening of College for the academic session 2014-2015 as vehemently argued by Mr. Ajay Vaidya, learned counsel for the petitioner. However, in larger public interest, we direct the respondent Nos.5 and 6 to remove the deficiencies in all respect within a period of three months from today. Thereafter, the assessment report shall be supplied to the Medical Council of India, i.e. respondent No.4. Respondent No.4 would be at liberty to re-inspect the Medical College within a period of one month after the receipt of assessment report. The Medical Council of India on the basis of the re-inspection shall submit the case to the Central Government for issuance of permission to the College. The Central Government shall do the needful within a period of two weeks after the receipt of recommendations of the Medical Council of India. We hope and trust that the Medical College shall start from academic session 2015-2016. 5. Consequently, the present writ petition is disposed of in terms of above directions. Annexure R-4/6 dated 14.6.2014 and Annexure R-4/7 dated 9.7.2014 are quashed and set aside. Pending application(s), if any, also stands disposed of. No costs.