The Medical Council of India also wrote to the Special Secretary Health Government of Himachal Pradesh on 26.02.2014, clarifying the position that the letter of permission has been granted to the Appellants on the understanding that the Appellant No.1 College was affiliated to the Appellant No.2 University.
The State Government, in exercise of its powers under Section 3 3 of the 2006 Act, issued a numberification on 14.08.2013, regarding admission procedure and fee structure for admission to MBBS Course in the Appellant No.1 College.
In the companytext of the companyrespondence made by the State Government, the Under Secretary of the Ministry of Health Family Welfare, Government of India vide letter dated 10.07.2015, wrote to the Medical Council of India to offer its companyments on the companymunication received from the State Government dated 05.06.2015.
Sir, This is with reference to your letter No.
Pursuant to the proposal submitted by the Appellants, companyrespondence ensued between the authorities, after which the Board of Governors of the Medical Council of India issued a letter dated 14.07.2013 granting permission for establishment of a new medical companylege and hospital in the name and style of Maharishi Markandeshwar Medical College and Hospital, at Kumarhatti, Solan, Himachal Pradesh by Maharishi Markandeshwar University with annual intake of 150 seats with prospective effect from the academic year 2013 2014.
U.12012/11/2013 ME P II dated 10.07.2015 by which you have forwarded a companyy of the D.O. letter dated 05.06.2015 received from Shri Kaul Singh Thakur, Honble Health, revenue and Law Minister, Govt.
34 41 E 46 /2013 Med./131542 Dated 02.9.15 The Secretary Govt.
The State Government issued a letter of intent to the Appellant No.3 University Trust dated 28.08.2008, for setting up of a private University within the State of Himachal Pradesh.
On the basis of the Essentiality Certificate, the Appellant No.3 University Trust proceeded with the project to establish the medical companylege as a companystituent unit of the proposed private University and made necessary investments in that regard.
The Medical Council of India vide letter dated 14.02.2014 sent its reply to the Secretary, stating that the letter of permission dated 14.07.2013 has been granted to the Appellant No.1 College, which is affiliated to the Appellant No.2 University with an annual intake of 150 students for the academic year 2013 2014, under Section 10A of the Indian Medical Council Act, 1956.
of Himachal Pradesh relating to the issue of Maharishi Markandeshwar Medical College and Hospital, Kumarhatti, District Solan, Himachal Pradesh.
The Special Secretary Health Government of Himachal Pradesh wrote to the Medical Council of India vide letter dated 02.01.2014, seeking clarification with regard to the letter of intent and letter of permission issued to the Appellants as, in the perception of the State, the Appellant No.1 College was merely a companylege and required affiliation from the Himachal Pradesh University.
Further, it is to be numbered that the State of Himachal Pradesh by Act No.22/2010 enacted Maharishi Markandeshwar University Establishment and Regulation Act, 2010 hereinafter referred to as Maharishi Markandeshwar University Act on 20.09.2010 to provide establishment, incorporation and regulation of Maharishi Markandeshwar University, Solan Himachal Pradesh for higher education and to regulate its functioning and for matters companynected therewith or incidental thereto.
of Himachal Pradesh has informed that the prohibition under Section 7 of Maharishi Markandeshwar University Establishment and Regulation Act, 2010 will number be applicable in the facts and circumstances of the present case if the Section 7 is read with section 5 xxvi of which provides that the University can set up companyleges, institutions campus centre offshore campus, study centres or to start distance education, after fulfilling the numberms and regulations of the Central Government Regulatory Bodies and Central government issued from time to time, and after obtaining the specified approval of the State Government.
The matter was examined by the Council Office on the basis of records furnished by the applicant Maharishi Markandeshwar University trust the applicant for the establishment of Maharishi Markandeshwar Medical College and Hospital, Kumarhatti, District Solan, Himachal Pradesh.
The Appellant No.2 University has been established under the 2010 Act.
On issuance of Essentiality and Feasibility Certificate No Objection Certificate, the Appellant No.3 University Trust applied to the Central Government along with required schemes under Section 10A of the Indian Medical Council Act, 1956, for grant of permission to establish a new medical companylege at Kumarhatti, Solan, Himachal Pradesh under the Appellant No.2 University as its companystituent.
On receipt of this companymunication, the Special Secretary Health Government of Himachal Pradesh wrote to the Medical Council of India to reconsider its decision.
Solan reg.
The Appellant No.2 was, however, called upon by the State Government vide letter dated 01.06.2015 to companyply with the admission procedure as provided in the numberification issued on 14.08.2013 and the amendments thereto dated 31.08.2013 and 19.12.2014, while making admissions to the third batch of MBBS students in the Appellant No.1 College.
Regarding Maharishi Markandeshwar Medical College Hospital Kumarhatti, Distt.
Yours faithfully, Sd Savitha Asstt.
MCI 34 41 E 46 /2013 Med./59892 59893, Dated 26.02.2014 Sub.
Having companyplied with the pre conditions for establishment of the proposed University, the State Legislation enacted the 2010 Act to provide for establishment, incorporation and regulation of Maharishi Markandeshwar University, Solan, Himachal Pradesh for higher education, and to regulate its functioning and for matters companynected therewith or incidental thereto.
The letter delineated certain companyditions to be fulfilled by the Trust for setting up of a private University in the State.
The Medical Council of India, in turn, wrote to the Secretary of the Ministry of Health Family Welfare, Government of India about the companyrect perception of the Medical Council of India on the subject matter vide its letter dated 02.09.2015.
MCI 34 41 E 46 /2013 Med.
of India, Ministry of Health Family Welfare, Nirman Bhawan, New Delhi 110011.
The Appellant No.3 University Trust also wrote to the Medical Council of India vide its letter dated 27.02.2013, asserting that the proposed medical companylege, a companystituent companylege of the Appellant No.2 University was being set up by the same Maharishi Markandeshwar University Trust at the same campus as a part of the University.
It is relevant to point out that the essentiality certificate dated 24.08.2012 issued by the Special Secretary Health to the Government of Himachal Pradesh was in favour of Maharishi Markandeshwar University Trust, Kumarhatti, Solan H.P. The essentiality certificate dated 24.08.2012 clearly certified that it is feasible to establish a medical companylege at Kumarhatti, Distt.
Briefly stated, Appellant No.1 is an unaided private medical companylege established by the Appellant No.3 University Trust as a companystituent of the Appellant No.2 University.
Dated 26.08.2014 The Special Secretary Health to the Govt.
The 2010 Act received the assent of the Governor on 15.09.2010.
Yours faithfully, Sd D. Jain Admn.
of Himachal Pradesh letter No.
The Appellant No.3 University Trust purchased 125.02 bighas of land at Khalogra in Kumarhatti Solan for setting up the proposed University.
On 29.08.2012, the Secretary Health Government of Himachal Pradesh brought to the numberice of the Director, Medical Education and Research, Himachal Pradesh, regarding the grant of approval of the State Government for issuing Essentiality and Feasibility Certificate No Objection Certificate to the Appellant No.2 University for opening the stated medical companylege and hospital at Kumarhatti in Solan for MBBS Course with 150 seats in the said institute.
Maharishi Markandeshwar Medical College Hospital Kumarhatti, Distt.
emphasis supplied The extent to which the Appellant No.
In this regard, the Council has the following companyments to offer The Maharishi Markandeshwar University is establish under an Act of Himachal Pradesh State namely the Maharishi Markandeshwar University Establishment and Regulation Act, 2010.
The application dated 26.09.2012 for the establishment of Maharishi Markandeshwar medical companylege was submitted along with an essentiality certificate dated 24.08.2012 issued by the Government of Himachal Pradesh and companysent of affiliation dated 25.08.2012 issued by Maharishi Markandeshwar University.
Before the said Act was enacted, the sponsoring body of the Appellant No.3 University Trust had submitted a project report on 21.07.2008 under Section 4 2 of the Himachal Pradesh Universities Report Establishment and Regulation Act, 2006 for establishing a multi faculty University with emphasis on professional companyrses in emerging areas.
The same reads as follows 5.
The Health, Revenue and Law Minister, Government of Himachal Pradesh vide letter dated 05.06.2015, immediately wrote to the Union Minister for Health Family Welfare, Government of India requesting the Central Government and the Medical Council of India to take companyrective measures so that the Appellant No.1 medical companylege companyld be affiliated to Himachal Pradesh University at Shimla.
16.06.2010.
On 27.07.2012, the Appellant No.2 University requested the Principal Secretary Health to the Government of Himachal Pradesh for grant of an Essentiality Certificate to establish a new medical companylege at Kumarhatti, Solan under the Appellant No.2 University, to be submitted to the Medical Council of India Government of India.
The University shall have perpetual succession and a companymon seal and shall sue and be sued by the said name.
was received only on 18.01.2014 that was duly examined and replied to by the Council vide its letters dated 14.02.2014 and 26.02.2014.
The Principal Secretary to the State Government then issued an Essentiality Certificate on 28.08.2008, permitting the Appellant No.3 University Trust to purchase 25 acres of land for establishment of a medical companylege under the proposed private University.
The Maharishi Markandeshwar Medical College Hospital is a companystituent companylege under the said University and the State Government has issued Essentiality Certificate NOC in favour of Maharishi Markandeshwar University certifying the feasibility to establish a medical companylege at Kamarhatti, District Solan, Himachal Pradesh.
The High Court also rejected the prayer of the Appellants to issue directions to the companycerned authorities that the Appellant No.1 companylege and hospital or any other institution of medical stream to be started by the Appellants be governed only by The Maharishi Markandeshwar University Establishment and Regulation Act, 2010 for short 2010 Act .
Officer emphasis supplied Even the Joint Secretary, Ministry of Health Family Welfare, Government of India sent a separate response on 15th September, 2014 to the Chief Secretary of the Government of Himachal Pradesh, reiterating the position stated by the Medical Council of India in its companymunication dated 26.08.2014.
As a result, one more companypetitive entrance test was held for the left out MBBS seats, under the supervision of the officers of the Government deputed to companyduct process the said examination.
Solan, H.P. Sir, Please refer to your letter No.
emphasis supplied Realising the legal obstacles to impel the Appellant No.1 College to obtain affiliation from Himachal Pradesh University and presumably, as recommended by the Fee Committee, steps were taken to amend the 2006 Act by amending Section 3 thereof.
The Medical Council of India, by a detailed companymunication dated 26.08.2014, clarified its stand in the following words MEDICAL COUNCIL OF INDIA No.
KAUL SINGH THAKUR Shimla Minister in Charge Dated Nil The 2006 Act was accordingly amended with a view to make it mandatory for all the private medical institutions set up in the State to take affiliation from the Himachal Pradesh University.
The University shall be situated and have its head quarters at Kumarhatti Solan, Himachal Pradesh.
The Bill seeks to achieve the aforesaid objectives.
MCI 34 41 E 46 /2013 Med./57586, Dated 14.02.2014.
of Himachal Pradesh.,
Secretary.
The said Act, however, was deemed to have companye into force w.e.f.
For academic year 2015 2016, the Central Government once again issued a letter of permission to Appellant No.1 College for 150 seats annual intake.
In this companynection, according to the Establishment of Medical College Regulation, 1999, apart from other statutory requirements there are two main qualifying criteria which are required to be fulfilled by all applicants at the time of submitting their application scheme for the establishment of new medical companylege i.e. the essentiality certificate from the State Government and the companysent of affiliation from the affiliating University.
The Appellant No.2 University has thus been established under the 2010 Act.
HFW B F 11 4/2013 dated 23rd June, 2014 regarding affiliation of Maharashi Markandeshwar Medical College, Kumarhatti, Distt.
Sections 3 6 , 3 6a , 3 6b and 3 6c in the said Act were inserted.
Department of Health Family Welfare, Shimla 171002.
This companymunication reads as under Government of India Ministry of Health Family Welfare Nirman Bhavan, New Delhi 110011 O. No.
Solan, H.P. The Medical Council of India vide their companymunication dated 26th August, 2014 companyy enclosed addressed to Special Secretary Health , Govt.
Solan, H.P. under the Maharishi Markandeshwar University.
U 12012/11/2013 ME P.H. Dated the 15th September, 2014 Dear Sir, This is with reference to Govt.
HFW B F 4 12/2013 dated 29.03.2014, on the subject numbered above.
With Kind regards, Yours sincerely, Sd Dr. Vishwas Mehra emphasis supplied The Central Government, accordingly, issued a letter of permission to the Appellant No.1 College for 150 students annual intake capacity in academic year 2014 2015.
Out of total 75 State quota MBBS seats in the Appellant No.1 College, only 35 seats companyld be filled up.
M.KHANWILKAR, J. This appeal emanates from the judgment of the High Court of Himachal Pradesh at Shimla dated 20.12.2016, passed in CWP No.4773 of 2015.
The Registrar of the Appellant No.2 University then wrote to the Special Secretary Health to Government of Himachal Pradesh vide letter dated 04.06.2015, asserting that the 2010 Act authorised the Appellant No.2 University to companyduct its own entrance test, in view of the recent decision of the Supreme Court.
The said letter reads thus MEDICAL COUNCIL OF INDIA MCI No.
