Only Dr MGR Medical University can Grant Affiliation to TN Medical Colleges: Madras HC disagrees with PPP Model

Chennai: Disagreeing with the Single bench judgment in favour of Pubic-private partnership model in medical education, the Division bench of Madras High Court recently made it clear that all the medical colleges or institutes in Tamil Nadu would be required to get the affiliation from Tamil Nadu Dr MGR Medical University.

The HC Division bench comprising of Chief Justice Munishwar Nath Bhandari and Justice N. Mala referred to Tamil Nadu Dr. MGR Medical University Chennai Act of 1987 and set aside the Single-judge bench order which had earlier stated, "public-private partnership in imparting education will augur well for citizens and also for the cause of social justice."

At this outset, the bench also referred to Section 3(4) in the 2019 Act, which clearly mentions that private universities are of unitary type and they would not have the power for affiliating or recognizing any college or institute.

Such observations came from the bench while it was considering an appeal filed by the State, which had challenged the single-judge bench order passed in a matter related to Srinivasan Medical College and Hospital. Affiliated to Dhanalakshmi Srinivasan University (DSU), the college was established by Dhanalakshmi Srinivasan University (DSU) in 2021 as a private not-for-profit self-financing institution.

The college approached the Court challenging the refusal of DME to fill the seats of the college through common counseling on the ground that the college was not affiliated to State University.

On the other hand, DME had informed the private medical and dental institutes on January 3 that the MBBS/BDS seats in those medical colleges would be included in the state/management quota counselling only if such colleges had the affiliation of Dr. MGR Medical University, Tamil Nadu.

While this was the stand of DME, the counsel for the medical college, senior counsel Vijay Narayan, contended on the other hand that DME's stand was against the Tamil Nadu Private Universities Act of 2019. This Act clarified that trusts, societies and not-for-profit companies could establish private universities to provide medical or engineering education.

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Medical Dialogues had earlier reported that after considering the matter, the HC single judge bench had favoured the petitioner college as it agreed with the contention that DME's stand was against Tamil Nadu Private Universities Act of 2019. The bench had also observed that Section 56 of the Act provided for constitution of a regulatory body by the government to promote teaching, research, development and training to impart world class higher education.

Terming this provision as an "umbilical cord" between the government and the private universities, the bench had noted, "The Section is an important provision in the laudable endeavour to bring forth an era of public-private partnership in medical education. The State assumes the mantle of setting the overall direction and supervision in this regard and the private enterprise provides the muscle, time, effort, energy and expertise to carry this vision into fruition."

"Substantial responsibility is cast upon the State as well the private university concerned in this regard. Conceptually, it is an effort that must gladden the heart of any citizen as a successful partnership would position the country on a vantage spot on the world stage as far as standards of excellence in medical education are concerned," the bench had also noted.

However, the single judge order had been challenged by the State, which had approached the Division Bench of the HC. It had been contended by the Advocate General R. Shunmugasundaram that the Dr. MGR Medical University Chennai Act of 1987 was a special legislation and its provisions would prevail over the Tamil Nadu Private Universities Act of 2019, a general legislation.

As per the latest media report by The Hindu, the bench agreed to this contention and referring to the 1987 legislation, the bench noted that Dr. MGR Medical University was the only institute in the State having been empowered for granting affiliation to medical colleges. Besides, the bench noted that the legislature had consciously inserted Section 3(4) in the 2019 Act which clarifies that a private university would be of unitary type and it would not have the required powers for affiliating or recognizing any college or institute.

Referring to this, the bench observed, "The aforesaid provisions make it clear that affiliation from the Tamil Nadu Dr. M.G.R. Medical University is required to be obtained by every medical college or institution."

Opining that Section 6(1) of the 1987 legislation debars any medical college to get affiliated by any university except from Tamil Nadu Dr. MGR Medical University, the bench set aside the Single Judge bench order.

It ruled, "The finding of the learned Single Judge cannot be accepted for the reason that there is no power with the private university to give affiliation to any college or institution and, therefore, there is no question of affiliation by two universities...The analysis on the issue in that regard was not made by the learned single judge after giving proper interpretation of the provisions of the laws applicable to the issue."

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