Case Note & Summary
The petitioner, Padmashree Dr. D.Y. Patil Medical College, Navi Mumbai, a deemed university, filed a writ petition challenging the decision of the Board of Governors of the Medical Council of India (MCI) rejecting its application for an increase in MBBS seats from 150 to 250 for the academic year 2012-13. The petitioner had initially applied on 23 November 2010 for the academic year 2011-12, which was rejected for lack of Essentiality Certificate and affiliation. Subsequently, on 29 March 2011, the Government of Maharashtra issued an Essentiality Certificate recording an average OPD strength of 1878 per day and stating that in case of failure to create infrastructure, the State Government 'may think over' taking over responsibility of students. The petitioner applied again on 11 August 2011 for the academic year 2012-13, which was rejected on 12 December 2011 on two grounds: first, the Essentiality Certificate did not conform to the prescribed format as it used 'may think over' instead of 'shall take over'; second, the OPD strength of 1878 was below the minimum requirement of 3000 prescribed under the Opening of a New or Higher Course of Study or Training and increase of Admission Capacity Regulations, 2000. The court held that the regulations are mandatory and the MCI was justified in rejecting the application. The petition was dismissed.
Headnote
A) Medical Education - Increase of Admission Capacity - Essentiality Certificate - The Essentiality Certificate issued by the State Government must be in the format prescribed under the Opening of a New or Higher Course of Study or Training and increase of Admission Capacity Regulations, 2000. The certificate must contain an unequivocal undertaking that the State Government shall take over the responsibility of students already admitted in the event the applicant fails to create infrastructure. In the present case, the certificate used the words 'may think over' instead of 'shall take over', rendering it non-compliant. (Paras 1-10) B) Medical Education - Increase of Admission Capacity - OPD Strength - Regulation 8(3)(1)(b) of the 2000 Regulations requires that for an increase in intake capacity to 250 students, the average OPD strength per day shall not be less than 3000. The Essentiality Certificate recorded an OPD strength of 1878, which is below the prescribed minimum. The MCI was justified in rejecting the application on this ground. (Paras 3-10) C) Medical Education - Deemed University - Applicability of MCI Regulations - The fact that the petitioner is a deemed university does not exempt it from complying with the statutory regulations framed under the Indian Medical Council Act, 1956. The regulations apply uniformly to all medical colleges seeking increase in admission capacity. (Paras 1-10)
Issue of Consideration
Whether the rejection of the application for increase in MBBS seats from 150 to 250 by the Board of Governors of MCI was valid on the grounds that the Essentiality Certificate did not conform to the prescribed format and the OPD strength was below the minimum requirement.
Final Decision
The writ petition was dismissed. The court held that the MCI was justified in rejecting the application as the Essentiality Certificate did not conform to the prescribed format and the OPD strength was below the minimum requirement.
Law Points
- Essentiality Certificate must be in prescribed format
- OPD strength must meet minimum requirement
- Regulations 2000 are mandatory
