Case Note & Summary
The Indian Medical Association, Nagpur, filed a Public Interest Litigation challenging a communication dated 28-12-2012 issued by the Board of Governors (in supersession of the Medical Council of India) returning applications submitted by the Dean, Government Medical College and Hospital, Nagpur, for increase of seats in various Post Graduate courses. The ground for return was that the applications were deficient in Consent of Affiliation, which was required to be submitted along with the applications on 31-5-2012. The petitioner sought a direction to MCI to process the applications further in accordance with law. The court examined whether the requirement of Consent of Affiliation is mandatory or directory. It noted that the MCI had been superseded and the Board of Governors was constituted. The court held that the requirement is directory, and the MCI ought to have considered the applications on merits rather than rejecting them on a technical ground. The court allowed the petition, quashed the communication, and directed MCI to process the applications in accordance with law.
Headnote
A) Medical Education - Increase of Seats - Consent of Affiliation - The requirement of submitting Consent of Affiliation along with applications for increase of seats in Post Graduate courses is directory and not mandatory. The MCI cannot reject applications solely on the ground of lack of such consent if the applicant has substantially complied with the requirements. (Paras 1-10)
B) Public Interest Litigation - Medical Council of India - Supersession - The Board of Governors acting in supersession of MCI must act in public interest and cannot adopt a hyper-technical approach that defeats the purpose of increasing medical seats. (Paras 2-5)
Issue of Consideration
Whether the requirement of submitting Consent of Affiliation along with applications for increase of seats in Post Graduate courses is mandatory or directory, and whether the MCI was justified in returning the applications as deficient.
Final Decision
The petition is allowed. The communication dated 28-12-2012 is quashed and set aside. The respondent No.1-MCI is directed to process the applications submitted by the respondent No.4 for increase of seats in various Post Graduate courses in accordance with law.
Law Points
- Consent of Affiliation
- directory requirement
- mandatory requirement
- substantial compliance
- public interest
- medical education
- increase of seats
- Post Graduate courses
Case Details
2013 LawText (BOM) (03) 111
Public Interest Litigation No.6 of 2013
B.P. Dharmadhikari, R.K. Deshpande
Shri B.G. Kulkarni for Petitioner, Shri R.M. Bhangde for Respondent No.1, Shri N.W. Sambre for Respondent Nos.2 and 4, Shri Abhijit Deshpande for Respondent No.3
Indian Medical Association, Nagpur, through its President Dr. Harish s/o Ghanshyamdas Chandak
Medical Council of India, The State of Maharashtra, The Maharashtra University of Health Science, The Dean, Government Medical College and Hospital
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Nature of Litigation
Public Interest Litigation challenging the communication returning applications for increase of seats in Post Graduate courses.
Remedy Sought
Direction to MCI to process the applications for increase of seats in Post Graduate courses in accordance with law.
Filing Reason
The MCI returned the applications for increase of seats as deficient due to lack of Consent of Affiliation.
Issues
Whether the requirement of submitting Consent of Affiliation along with applications for increase of seats in Post Graduate courses is mandatory or directory.
Whether the MCI was justified in returning the applications as deficient.
Submissions/Arguments
Petitioner argued that the requirement of Consent of Affiliation is directory and the MCI should have considered the applications on merits.
Respondent MCI argued that the applications were deficient and could not be processed without the required consent.
Ratio Decidendi
The requirement of submitting Consent of Affiliation along with applications for increase of seats is directory, not mandatory. The MCI must consider applications on merits and cannot reject them solely on technical grounds.
Judgment Excerpts
The petition is filed by the petitioner-Indian Medical Association, Nagpur, in public interest, challenging the communication dated 28-12-2012 issued by the Board of Governors in supersession of the respondent No.1-Medical Council of India, returning the applications submitted by the respondent No.4-the Dean, Government Medical College and Hospital, Nagpur, for increase of seats in various Post Graduate Courses on the ground that the applications were deficient in Consent of Affiliation.
Procedural History
The petition was filed in 2013, rule was made returnable forthwith, and heard finally by consent of counsels.
Acts & Sections
- Indian Medical Council Act, 1956: Section 3, Section 3A, Section 3B, Section 10A
