Madras High Court sets aside single judges order favouring a Pvt. Medical College

Updated on: Thursday, June 28, 2012

The Madras High Court has set aside a single judge's order directing the Medical Council of India to inspect a private medical college and hospital here, which had sought increase in intake of students without insisting on production of 'Essentiality Certificate' from the Tamil Nadu government, by June 15.
 
The single judge in an interim order on June 7 had also directed the board to pass appropriate orders on the application by Balaji Medical College (BMC)and Hospital on merit and as per law after giving the college an opportunity to be heard.
 
In its application, the college had requested the board to inspect the institution and issue the required Letter of Permission for increasing intake from 100 to 250 from academic year 2011-12.The application was returned in April last year.
 
In the meantime, an earlier application by the college seeking increase in the intake from 100 to 150 was processed by the board. An inspection team deputed by the board noted down deficiencies and the college was granted time to submit its reply or compliance report.
 
The college did not take any action to rectify the defects and the application was rejected.
 
In its orders on an appeal by the MCI's Board of Governors challenging the single judge's order, a Division Bench of Justices D Murugesan and K K Sasidharan said the college should have been vigilant and approached the court immediately after its application had been rejected.
 
The Bench said the questions in the petition and appeal on the necessity to produce the essentiality certificate by an existing institution for increasing intake required serious consideration.
  
Under the eligibility criteria, the institution was required to have 1100 teaching beds and a standing of not less than 10 years.
  
Pending decision of such contentious issues, the impugned direction would amount to granting the very relief prayed for in the writ petition, the Bench held and requested the single judge to dispose of the petition as expeditiously as possible.

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