MULAYAM SINGH YADAV MEDICAL COLLEGE AND HOSPITAL & ANR vs. UNION OF INDIA & ORS

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 13.09.2019 + LPA 594/2019 MULAYAM SINGH YADAV MEDICAL COLLEGE AND HOSPITAL & ANR ..... Appellants Through: Mr. Deepak Agarwal, Mr. Abhay Kumar Tayal, Mr. Nishant Prateek & Mr. Akash Gupta, Advs. versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Jasmeet Singh, CGSC for R-1 Mr.T.Singhdev, Adv. for R-2 & R-3 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR J U D G M E N T : D.N. PATEL, CHIEF JUSTICE (Oral) C.Ms.No.41011/2019 & 41013/2019 (exemptions) Allowed, subject to all just exceptions. LPA No.594/2019 1. These appellants are the original petitioners whose writ petition being W.P.(C) 7159/2019 was dismissed by the learned Single Judge vide th judgment and order dated 29 August, 2019 (Annexure P-1 to the memo of this LPA) and hence the original petitioners have preferred the present Letters Patent Appeal. 2. Counsel appearing for the appellants submitted that the appellants are seeking renewal of permission for admission of second batch of students in LPA 594/2019 Page 1 of 7 the MBBS Course for the Academic Year 2019-2020 in their medical college. First batch of students were granted admission last year. 3. Having heard the counsel for appellants (original petitioners) and counsel for respondents, it appears that these appellants were in search of renewal of permission to admit the students in second batch of MBBS Course for the Academic Year 2019-2020. It further appears from the facts of the case that earlier inspections were carried out by the respondent Nos.2 and 3 at the premises of the appellant No.1 (original petitioner No.1) wherein deficiencies were found which resulted in detailed communication between respondents and the appellants. There are two communications; 1st 8th one is dated May, 2019 (Annexure P-12) and another is dated 1 May, 2019 (Annexure P-14 to the memo of this LPA). 4. Learned counsel appearing for the appellants further submitted that as per the appellants there were no deficiencies left out to be complied. The th appellant sent a communication dated 6 May, 2019 (Annexure P-13) to consider request for renewal of permission to admit the students in second batch of MBBS Course for the Academic Year 2019-2020. Personal hearing th was given by the respondent Nos.2 and 3 to the appellants on 7 May, 2019 th and thereafter final order was passed on 18 May, 2019 (Annexure P-14 to the memo of this LPA). It appears from the facts of the case that as per respondent Nos.2 and 3 there are several deficiencies which were to be complied with by these appellants for grant of renewal of permission to admit the students in the second batch in the MBBS Course for the Academic Year 2019-2020. Counsel for the appellants has relied upon the th notification issued by the respondents dated 25 June, 2019 (Annexure P-19 to the memo of this LPA) whereby it is submitted that if there is any LPA 594/2019 Page 2 of 7 deficiency in the requirements prescribed in the minimum Standard Requirement Regulation then pro-rata students can be allowed to be admitted. 5. It is submitted by the counsel for respondent Nos.2 and 3 that as per the time schedule propounded by the Hon’ble Supreme Court in Ashish Ranjan and Ors. v. Union of India and Ors. in (2016) 11 SCC 225 specially in para 2 at page No.227 and another time bound schedule given in the very same paragraph at page 228 prescribed that the last date for the st issuance of the Letter of Permission by the respondent No.1 is 31 May, 2019. As this date has already gone, no relief as prayed for can be granted in this writ petition. This aspect of the matter has been properly appreciated by the learned Single Judge and hence this appeal may not be entertained by this Court. Similarly, it is further submitted by the counsel for respondents that as per the aforesaid decision, the time limit to give admission to the st students in the MBBS Course is 31 August, 2019. This date has also gone by now and hence also the prayer as prayed for in the writ petition cannot be granted. This aspect of the matter has also been appreciated by the learned Single Judge while deciding W.P.(C) 7195/2019 vide judgment and order th dated 29 August, 2019, hence this appeal may not be entertained by this Court. 6. In view of the aforesaid decision rendered by the Hon’ble Supreme Court and as per the observations in paras 2 and 3, the relevant time limit reads as under: “TIME SCHEDULE FOR RECEIPT OF APPLICATIONS FOR INCREASE OF ADMISSION CAPACITY IN MBBS COURSE/RENEWAL OF PERMISSION FOR INCREASE OF LPA 594/2019 Page 3 of 7 SEATS AND PROCESSING OF THE APPLICATIONS BY THE CENTRAL GOVERNMENT AND THE MEDICAL COUNCIL OF INDIA

Note 1. – In case of renewal of permission, the applicants shall submit the application to the Medical th Council of India by 15 July. TIME SCHEDULE FOR COMPLETION OF THE ADMISSION PROCESS FOR FIRST MBBS COURSE LPA 594/2019 Page 4 of 7

LPA 594/2019 Page 5 of 7 Note 1. – All India quota seats remaining vacant after th last date for joining i.e. 9 August will be deemed to be converted into State quota. st 2. Institute/college/courses permitted after 31 may 2ill not be considered for admission/allotment of seats for current academic year. 3. In any circumstances, last date of admission/joining st will not be extended after 31 August.” 9. In view of the aforesaid time limit prescribed in the decision rendered by the Hon’ble Supreme Court, the prayer as prayed by the appellants in the st appeal cannot be granted. The date of 31 May, 2019 has already passed and hence no renewal of the permission to admit second batch of students in the MBBS Course for the Academic Year 2019-2020 can be granted now. st Similarly, 31 August, 2019 has already passed and no student can be admitted in the second batch of MBBS Course with these appellants medical college. Hence, we see no reason to entertain this appeal. th 10. We are not going into the details of the notification dated 25 June, 2019 (Annexure P-19 to the memo of this LPA) and the so called compliance as alleged by these appellants stated in their communication th dated 6 May, 2019 (Annexure P-13 to the memo of this LPA). These issues are kept open. Thus, in view of the aforesaid time limit prescribed by the Hon’ble Supreme Court, no relief as prayed for by these appellants can be granted for seeking permission and giving admission to the second batch of students in the MBBS Course for the Academic Year 2019-2020. 11. With the aforesaid observations, this Letters Patent Appeal is dismissed. LPA 594/2019 Page 6 of 7 CM APPLs.41012/2019 & 41014/2019 12. In view of the order passed in LPA 594/2019, these applications are also dismissed. CHIEF JUSTICE C.HARI SHANKAR, J SEPTEMBER 13, 2019 ns LPA 594/2019 Page 7 of 7