Medical Council Of India vs Chettinad Hospital & Research … on 18 July, 2018

LPA 239/2018 Page 1 of 34
2. The writ petitioner/institute (i.e. the respondent here, referred to in
this judgment as “Chettinad”) impugned the decision, dated 06.02.2018 of
MCI, recommending disapproval of its scheme for increase in the number of
MBBS seats from 150 to 250 seats, for academic year 2018-19. Chettinad
sought further direction to MCI for acceptance of its application/scheme for
increase in the number of MBBS seats, in accordance with the directions
issued by the Central Government (hereafter “the Union”) by its order dated
31.01.2018, and to take consequential steps, including inspection of
Chettinad’s college. The latter further sought direction to MCI to issue a
letter of permission to it after providing it adequate opportunity to comply
with the deficiencies, if any, found upon inspection. Chettinad had
established a medical college in 2006; it became a constituent college of
Chettinad Academy of Research and Education (a deemed University under
the University Grants Commission Act, 1956) in 2008. It is located in an
area of 33.45 acres at Kelambakkam, District Kanchipuram, Tamil Nadu; it
caters to the medical needs of the surrounding villages for diagnostic,
preventive and curative services. Further to MCI’s notification dated
11.12.2013 under Section 11 (2) of the Indian Medical Council Act, 1956
(“the Act” hereafter), Chettinad was granted permission to establish and
administer its MBBS course with an annual intake of 150 students. Claiming
that over time its college gained popularity, Chettinad wished to increase its
intake annually, in the MBBS course from 150 to 250. It applied to the
Government of Tamil Nadu, for obtaining the requisite Essentiality
Certificate for permitting the increase, which was granted to it on
04.07.2016. It was also issued a COA from the Chettinad Academy of
Research and Education on 05.07.2016, which stated that the said Academy

LPA 239/2018 Page 2 of 34
had, on the basis of the report of the Local Inquiry Committee (hereinafter
referred to as “LIC”), in principle agreed to increase the number of seats in
the MBBS course from the existing 150 seats to 250 seats, for the academic
session 2017-18. The COA dated 05.07.2016 (hereafter “First COA”) stated
that it would be applicable for five years from the date of its issuance.

Source: Indian Kanoon

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