Dr. Shanti Bansal Vs. Union of India - Court Judgment

Writ Petition No.8883/2009 Writ Petition No.7708/2012 19.8.2013 Per R.S.Jha, J.

Shri Akash Choudhury, Advocate, for the petitioneRs.Shri Vijay Pandey, Deputy Advocate General, for the State/ respondent nos.2 and 5.

Shri Rajas Pohankar, Advocate, for respondent no.3.

As the issues involved in both these petitions are identical in nature, they are heard and decided together.

The petitioneRs.who are holders of M.D.(Anesthesia) and Diploma in Anesthesiology Degrees from S.S.Medical College, Rewa, have filed these petitions being aggrieved by the decision of the Medical Council of India, Annexure P6, whereby it has recommended to withdraw the recognition of M.D.(Anesthesia) Degree and D.A.qualifications granted to the S.S.Medical College, Rewa, under the A.P.S.University, Rewa, in view of the provisions of Section 19 of the Indian Medical Council Act, 1956.

The learned counsel for the petitioners submitted that pursuant to the decision of the Medical Council of India dated 16.5.1989 to permit admissions to M.D.(Anesthesia) and D.A.courses run by the S.S.Medical College, Rewa, the petitioners were granted admission at S.S.Medical College, Rewa, for prosecuting their studies in M.D.(Anesthesia) and D.A.courses and they have thereafter successfully completed the same and have also been granted degrees by the A.P.S.University, Rewa.

It is submitted that subsequently, in view of the decision of the Postgraduate Committee, Annexure P6, the recognition granted to the petitioners are said to be withdrawn.

Hence, this petition.

The Medical Council of India has filed a reply- affidavit and has stated that the process of inspection being undertaken by the Postgraduate Committee of the Medical Council of India is still under progress.

It is submitted that initially after inspection, a report was submitted pursuant to which certain compliances have been made by the S.S.Medical College, Rewa.

However, the matter could not be processed further on account of the fact that the fee, which was required to be paid by the State for processing the matter further to the Medical Council of India, has not been paid by the State.

In para 29 of the reply-affidavit the Medical Council of India has stated that the compliance verification assessment was not undertaken on account of non-payment of fee and the matter is pending before the Medical Council of India at that stage.

The respondent-State has filed its reply and stated that the State vide bank draft dated 12.7.2013 has deposited the requisite fee to the Medical Council of India.

In view of the aforesaid statement and stand of the State Government, the learned counsel appearing for Medical Council of India submitted that the State has not deposited the fee and, therefore, the process of recognition and the compliance verification assessment would be undertaken by them at the earliest.

The learned counsel for petitioners submits that the Medical Council of India while doing so may also be directed to award recognition to M.D.(Anesthesia) and D.A.courses conducted by the S.S.Medical College, Rewa, with retrospective effect from the date of inception of the couRs.in the said college.

In response, it is submitted by the learned counsel for the Medical Council of India that, while taking a decision, the aforesaid contention of petitioners regarding retrospective recognition will also be considered.

Having heard the learned counsel for parties and having recorded their statements and looking to the fact that the petitioners have been granted admission and have also been granted degrees in M.D.(Anesthesia) and D.A.courses by the State after completion of the courses, this Court is also of the view that this matter regarding retrospective recognition also deserves to be decided by the Medical Council of India.

In view of the statement of the learned counsel for the parties as aforesaid, the petitions are disposed of with a direction to the Medical Council of India to not proceed further in the process of granting recognition to M.D.(Anesthesia) and D.A.courses conducted by the S.S.Medical College, Rewa, for which degrees are issued by the A.P.S.University, Rewa, as expeditiously as possible and while doing so it shall also consider the issue of granting retrospective recognition to the said courses/degrees from the date of their inception from 16.5.1989.

The aforesaid exercise may be completed by the respondent Medical Council of India as early as possible preferably within a period of three months in accordance with law.

With the aforesaid directions, both the petitions stand disposed of.

Certified copy as per rules.

(AJIT SINGH) (R.S.JHA) JUDGE JUDGE ps