Dr. (Smt.) Amita Gupta Vs. State of M.P. & Anr.
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
WA, 743 of 2021, Judgment Date: Nov 10, 2021
Law laid down -
Section 10A & 11 of the Indian Medical Council Act, 1956 and Medical Council of India, Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 – Scope – The provision relating to “establishment” of medical college and recognition of a course” are two distinct and different provisions which are dealt with by different statutory provisions and method.
Section 11(2) r/w Notification and corrigendum – A conjoint reading of Section 11(2), original Notification of 1.4.2019 and corrigendum leaves no room for any doubt that the MCI has given recognition to the MD course of MGM College w.e.f. 2017.
Interpretation – Notification/Corrigendum – The appellant completed MD course in 2017. By a Notification dated 01/04/2019, initially MCI recognised the MD courses of said college from 2019. However, by way of amendment/corrigendum, the said course was recognised from 2017. The contention of State is repelled that recognition has to be read from 2019. This argument, if accepted, will lead to ambiguity and absurdity. There shall be no explanation between 2017 and 2019 despite the fact that MD course of 2017 was recognised. A proper interpretation which eschews the ambiguity and absurdity must be accepted.
Interpretation - This is golden rule of interpretation that hardship, inconvenience, injustice, absurdity and anomaly to be avoided. Even if grammatical construction leads to any absurdity or inconsistency, it may be departed from, so as to avoid that absurdity and inconsistency.
Principle of estoppel/waiver – The appellant was duly selected and was found to be eligible. Appointment was declined. During the pendency of writ appeal, two more advertisements to fill up same posts were issued, but none could be selected. Since appellant assailed the inaction during the lifetime of select panel, neither principle of estoppel nor waiver can deprive her from the fruits of litigation.
Dr. (Smt.) Amita Gupta Vs. State of M.P. & Anr.