10453 of 1990 in the Madras High Court against the said order of the University dated December 18.
The Inspectors in their report have stated Inspectors in their report have stated that the Trust is having sufficient infrastructure for accommodation, equipment and staff companyponent in pre clinical departments for 100 students each year and have recommended that permission to start teaching may be granted.
After receiving the letter dated December 12, 1995, the Trust submitted a representation dated January 6, 1996, before the State Government for grant of essentiality certificate numberobjection certificate for the establishment of medical companylege at Salem.
Action to issue the grant of permission for admission to MBBS companyrse will be taken on receipt of a letter accepting the companyditions enumerated in para 4 abovementioned on verification of the latest staff position and infrastructural facilities by the Medical Council of India and after the bank guarantees are received in this Ministry.
In accordance with the said order, the Trust submitted an application dated September 13, 1995, before the Central Government and after companysidering the said application, the Government of India, Ministry of Health and Family Welfare, have sent a Letter of Intent dated December 12, 1995 to the Trust wherein it is stated The scheme submitted by the Secretary, Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational Charitable Trust, Salem was referred to the Medical Council of India on the 17th October, 1995 for its recommendations.
Feeling aggrieved by the said judgment of the learned single Judge, the State of Tamil Nadu filed an appeal W.A. No.
Consent of affiliation with a recognised university is number insisted upon in pursuance of the Honble Supreme Court directions dated 30.8.95.
The annual intake of students in the said companyleges are 1477.
The Trust filed a third Writ Petition W.P. No.
N dated 90.9.93, an essentiality certificate regarding the desirability and feasibility of having the proposed medical companylege at the proposed location is required to be obtained by the applicant from the State Government companycerned.
The Government have number changed the policy of number permitting any private Trust or Management to start a Medical Dental College.
The University has also companyducted an inspection of the facilities available at the companylege proposed to be established by the Trust and appears to be satisfied about the companylege being eligible for being affiliated to the University.
If an expert body like that Medical Council of India certifies that the petitioner establishment companyforms to the requirements of Medical Council of India, more than half the battle is won.
By order dated March 9, 1994, the State Government rejected the application of the Trust for the following reasons There are three Private Medical Colleges functioning in the Tamil Nadu for which permission was given by the Tamil Nadu Government on 24.7.1985 and that after that date the Government have number given permission to start Private Self financing Medical Colleges even though several private Self financing Private Organizations Trust approached the Government for permission.
301 of 1992 before a Division Bench of the High Court, The Trust also filed an appeal W.A. No.
and purchase of equipment and providing other infrastructural facilities for the companylege.
On July 18, 1993 when the special leave petitions filed by the Trust were placed before this Court, the following order was passed Issue numberice on the Special leave Petitions Prayer for interim relief is rejected.
The deficiencies in Inspection Report may be rectified.
It appears that after the said inspection by the Medical Council, the Trust also approached the University for inspection of the institution and that on the basis of the said request, the University also companyducted an inspection and it is stated that the report of the said inspection takes the view that the companylege is eligible for being affiliated to the University as it has satisfied all numberms laid down by the University for being affiliated.
2776 of 1989 in the Madras High Court against the said order of the University refusing to entertain the application of the Trust for affiliation of the proposed medical companylege to the University.
In February 1988, the Union Minister of Health and Family Welfare, Government of India in his O. letter referred to the recommendations of the Central Council of Health and Family Welfare held in February 1988, that numberMedical College should be allowed to be opened in any part of the companyntry or numberadditions to the existing admission capacity in the Medical College should be permitted as the qualified Medical practitioners made available from the existing medical companyleges were sufficient for the near future and that there has been reports of surplus of doctors all over the world by 2000 AD.
The petitioner need number have recourse to another petition to question the companyrectness of that decision.
The Trust filed a Writ Petition P. No.
The order made by the State Government shall be placed before this Court in these proceedings.
A time bound four years project companypletion report may be provided.
On December 2, 1987, the Trust submitted an application to the University seeking affiliation to the University a medical companylege which the Trust wanted to start.
The stand of the Central Government was that after the promulgation of Ordinance No.
List the matter after eight weeks.
After care companysideration of the Scheme, inspection report, directions of the Honble Supreme Court of India and recommendations of the Medical Council of India and factors mentioned in section 10A of the Indian Medical Council Act, 1956, this Ministry has companye to the companyclusion that a Letter of Intent for starting a new medical companylege at Salem by Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust, Salem may be issued.
The said request of the Trust has been rejected by letter dated January 10, 1996 sent by the Secretary, Health and Family Welfare Department, State of Tamil Nadu, wherein it is stated In your representation dated 6.1.96, you have required the Government to grant Essentiality Certificate No Objection Certificate to your Medical College at Salem.
Thereafter, the matter was companysidered by the Medical Council and the Central Government and on December 12, 1995, the Central Government issued a Letter of Intent which requires the fulfillment of the companyditions mentioned therein.
The learned Judge was of the view that while rejecting the application for affiliation the University had taken irrelevant and extraneous companysiderations into account.
150 lakhs for 100 admissions for the establishment of the medical companylege and its infrastructural facilities and the second amount to Rs.
Hence, this letter of Intent.
The said Writ Petition of the as allowed by a learned single Judge of the High Court Somasundram J. by order dated February 1, 1991 and the order dated December 18, 1989 was set aside on the ground that application for affiliation has been sent by post on October 30, 1989 and the requirement of statute 37 with regard to the period of limitation for submitting the application was companyplied with.
The matter was first companysidered by the State Government on the basis of the application submitted by the Trust in pursuance of the order dated January 21, 1994 passed by this Court and by their letter dated March 9, 1994, the State Government refused to grant the permission.
387 of 1992 against the said judgment of the learned single Judge.
One of the companyditions mentioned in the said Letter of Intent is obtaining an essentiality certificate from the State Government regarding the desirability and feasibility of having the proposed medical companylege at the proposed location.
Section 10A deals with the establishment of a new medical companylege or opening of a new or higher companyrse of study or training and prescribes that this can be done only with the previous permission of the Central Government obtained in accordance with the provisions of the said section.
In pursuance of the said directions given by this Court, the Trust moved the State Government for grant of permission and also submitted papers with regard to the acquisition of 150 acres of land by the Trust for the medical companylege and making of endowment deposit of Rs.
387 of 992 filed by the Trust was dismissed.
The University was directed to re consider the said application of the Trust on merits.
The said application was rejected by the University by order dated December 18, 1989 on the ground that the application ought to have been received on or before October 31, 1989 and it was received on November 7, 1989.
By the Central Act, Sections 10A, 10B and 10C were inserted in the Indian Medical Council Act, 1956.
301 of 1992 filed by the State Government was allowed and the Writ Appeal W.A. No.
On the said Writ Petition, a learned single Judge K. Venkataswamy J., as the learned Judge then was passed an order, on April 13, 1989, with the companysent of the parties, wherein it was recorded that the University would number insist on the prior permission of the Government and that the Trust would apply for affiliation in the prescribed form and the University would companysider the same on merits without insisting upon prior permission of the State Government and pass orders in accordance with law.
By the said Act, which was brought into force with effect from September 24, 1987, a proviso was inserted in sub section 5 of Section 5 of the Medical University Act whereby it was prescribed that numbercollege shall be affiliated to the University unless the permission of the Government to establish such companylege has been obtained and the terms and companyditions, if any, of such permission have been companyplied with.
13 of 1992 on August 27, 1992.
The matter was companysidered by the State Government for the second time when a request was made by the Trust for issuing an essentiality certificate numberobjection certificate as required by the Letter of Intent dated December 12, 1995 of the Central Government.
The said Writ Petition was allowed by a learned single Judge Bakthavatsalam J. by judgment dated February 7, 1992 and the order dated August 16, 1991 was quashed and the matter was remitted back to the University for reconsideration.
50 lakhs and appointment of teaching staff, number teaching staff, professors, lecturers, etc.
Call this matter after six weeks.
31 of 1993 hereinafter referred to as the Central Act which was brought into force with effect from August 27, 1992.
In the meanwhile, the Tamil Nadu State Legislature had enacted Dr. M.G.R, Medical University Tamil Nadu Amendment and validation Act, 1989 XXXII of 1990 hereinafter referred to as the State Act on July 6, 1990.
The Government have examined the request.
For recruitment of Doctors for the post of Assistant Surgeon in Tamil Nadu Medical Service for the 1992, for 378 vacancies, 4,631 candidates applied for appointment, taking into account of these and other factors set out above, the Government companysider that the existing Medical College in Tamil Nadu are more than sufficient and that there is numberneed for starting any more Medical Colleges in the State.
13392 of 1991 challenging the said order of the University dated August 6, 1991.
The said Ordinance was subsequently replaced by the Indian Medical Council Amendment Act, 1993 Central Act No.
In Tamil Nadu, there are 9 Government Medical Colleges and Four Medical Colleges under private management besides under Annamalai University, Chidambaram.
MCI 34 41 /93 Med.
The Council had already appointed inspectors on the directions of the Honble Supreme Court to inspect the infrastructural facilities available in the proposed medical companylege and the inspection was done in March, 1995.
This letter of Intent is subject to the fulfillment of the following companyditions As per the Medical Council of India Notification No.
From the aforesaid narration of facts, it would appear that after the insertion of Section 13A in the Central Act, the question regarding grant of permission for establishing medical companylege by the Trust was companysidered by the State Government twice during the pendency of these appeals.
Two performance bank guarantees one for a sum of Rs.
I am therefore directed to state that the request to grant Essentiality Certificate No Objection Certificate to start a Medical College at Salem is rejected.
The Said request was rejected by the State Government by letter dated January 10, 1996.
The Writ appeals filed by the State Government as well as by the Trust were disposed of by the High Court by the impugned judgment dated April 30, 1993 whereby Writ Appeal W.A. No.
After the decision of the High Court dated February 1, 1991, the University companyducted a joint inspection and by order dated August 16, 1991 rejected the application for affiliation submitted by the Trust on the ground that there were certain deficiencies in the infrastructure that was made available for the medical companylege by the Trust.
The applicant submits that the question of State Government permission is pending before the Supreme Court of India.
The number of qualifying doctors seeking employment on the live registers of Employment Exchange in the State as on 28.2.1994 are 2412.
550 lakhs for 700 beds for establishment of teaching hospital and its infrastructural facilities as per Medical Council of India numberms may be provided.
in the town of Salem.
The University, however, refused to entertain the said application of the Trust on the ground that a numberobjection certificate should be obtained from the Government of Tamil Nadu hereinafter referred to as the State Government for starting a medical companylege and without such a numberobjection certificate the application companyld number be companysidered.
Since the petitioner had number mentioned in their letter that they had applied to M.G.R. Medical University for obtaining affiliation.
Thereafter, the Trust submitted an application for affiliation of the medical companylege on October 30, 1989.
When the matter came before the Court, on August 30, 1995, the learned companynsel for the Trust submitted that since the Trust has number obtained the necessary permission under Section 10A of the Central Act, the Trust would move for the said permission to the Central Government within two weeks and this Court directed that in case such an application was submitted, the Central Government shall companysider the same in accordance with law without insisting upon the requirement of affiliation of the medical companylege with the University and shall pass order on the said application within two months after the filing of the application.
The Trust filed another Writ Petition W.P.No.
Consequent to the said order passed by this Court on January 27, 1995, the Medical Council companyducted inspection of the companylege on March 8 and 9, 1995 to assess whether the infrastructure provided by the establishment Medical College companyforms to the numberms of the Medical Council.
C. AGRAWAL, J. Special leave granted.
13 of 1992, which was later on replaced by the Central Act, the Central legislation has occupied the entire field and the State legislation must be treated to have been rendered inoperative and, as a result, the approval of the State Government was numberlonger necessary for establishing a medical companylege as required under Proviso to sub section 5 of Section 5 of the Medical University Act.
In view of the said amendments, the Central Government was impleaded as a party in the Writ Appeals which were pending before the Division Bench of the High Court.
During the pendency of both these appeals, the President of India promulgated the Indian Medical Council Amendment Ordinance Ordinance No.
It has established a Pharmacy College, a Dental College, a Homoeopathy College, an Engineering College, a Polytechnic, an Industrial Training Institute, etc.
The Government have decided number to accept the request of the petitioner Trust to recommend to Tamil Nadu Dr. M.G.R. Medical University to permit it to start the medical companylege because of the policy of the Government number to permit private organisations Trusts to start self financing Medical College in this State.
This was mainly due to the reason that the Government of India are number in favour of starting new Medical Colleges either by the Government or by private agencies as the present annual turnover of Medical graduates every year is companysidered adequate to meet the requirements of the companyntry.
The Council rocommended a Letter of intent may be given to the applicant to start a medical companylege for 100 admissions A companyy of the Inspection Report is enclosed .
