Baba Mungipa Medical College and Another Vs. Govt. of Tripura and Others
EmailAppeal: SLPs (C) Nos. 18168-68-A of 1994 ,
Petitioner: Baba Mungipa Medical College and Another
Respondent: Govt. of Tripura and Others
Apeal: SLPs (C) Nos. 18168-68-A of 1994 ,
Judges: Dr. A.S.ANAND & S.RAJENDRA BABU ,JJ.
Date of Judgment: Mar 20, 1998
Head Note:
EDUCATION
CONSTITUTION
Articles 226 , 136 – Medical College – Setting up of , by Trust – Application pending – Grant of recognition – Inspection by Medi-cal Council of India , Pointing out deficiency – Trust undertak-ing to remove – Ordered that grant of recognition in to be con-sidered by MCI. Additional directions regarding students , alrea-dy in college , given ( Para 3 )
CONSTITUTION
Articles 226 , 136 – Medical College – Setting up of , by Trust – Application pending – Grant of recognition – Inspection by Medi-cal Council of India , Pointing out deficiency – Trust undertak-ing to remove – Ordered that grant of recognition in to be con-sidered by MCI. Additional directions regarding students , alrea-dy in college , given ( Para 3 )
JUDGEMENT:
O R D E R
1 . Baba Mungipa Education Trust applied to the Central Govern-ment for permission to set up a Medical College , as required by the Indian Medicine Central Council Act , 1970 in 1994 . That application remained pending and no orders were made . On 21-7-1995 , a direction was issued by this Court to the Central Govern-ment to take expeditious steps for processing of the applica-tion filed by the Trust and to dispose of it in accordance with law in consultation with the Medical Council of India . We find from a perusal of the record that various directions have been given in this case from time to time
2 . The Trust , it appears , got provisional affiliation of the College from the University , but it was not recognised by the Medical Council of India . In the Inspection Report submitted by the team of doctors , who carried out the inspection of the Col-lege in question under directions of the Medical Council of India on 23-9-1997 and 24-9-1997 , various deficiencies were pointed out . It is , therefore , obvious that unless the defects/deficien-cies pointed out by the Inspection Team of Medical Council of India are removed , the question of the Medical Council of India considering the grant of recognition to the College does not arise . We are informed by learned counsel appearing for the Trust that steps are being taken by the Trust to remove the defects and deficiencies . Learned counsel for the State submits that in the event deficiencies are removed as pointed out by the Medical Council of India , the offer made by the State shall not be with-drawn .
3 . The question of recognition of the College is essentially to be considered and decided by the Medical Council of India as per its norms and guidelines . That recognition has not so far been given . We , therefore , do not consider it appropriate to keep this matter pending any further and dispose of it with the following direction , which shall be read in addition to various directions earlier made from time to time by this Court :
In the event the Medical Council of India grants recognition to the College and the College authorities consider the ques-tion of admission or regularisation of admission of the students , they shall consider the cases of the students who were already in the College and pass appropriate orders with regard to them under the rules . They may take into consideration that these students were already admitted and would have continued with their studies had the College been recognised . The special leave petitions are , accordingly , disposed of . No costs .
1 . Baba Mungipa Education Trust applied to the Central Govern-ment for permission to set up a Medical College , as required by the Indian Medicine Central Council Act , 1970 in 1994 . That application remained pending and no orders were made . On 21-7-1995 , a direction was issued by this Court to the Central Govern-ment to take expeditious steps for processing of the applica-tion filed by the Trust and to dispose of it in accordance with law in consultation with the Medical Council of India . We find from a perusal of the record that various directions have been given in this case from time to time
2 . The Trust , it appears , got provisional affiliation of the College from the University , but it was not recognised by the Medical Council of India . In the Inspection Report submitted by the team of doctors , who carried out the inspection of the Col-lege in question under directions of the Medical Council of India on 23-9-1997 and 24-9-1997 , various deficiencies were pointed out . It is , therefore , obvious that unless the defects/deficien-cies pointed out by the Inspection Team of Medical Council of India are removed , the question of the Medical Council of India considering the grant of recognition to the College does not arise . We are informed by learned counsel appearing for the Trust that steps are being taken by the Trust to remove the defects and deficiencies . Learned counsel for the State submits that in the event deficiencies are removed as pointed out by the Medical Council of India , the offer made by the State shall not be with-drawn .
3 . The question of recognition of the College is essentially to be considered and decided by the Medical Council of India as per its norms and guidelines . That recognition has not so far been given . We , therefore , do not consider it appropriate to keep this matter pending any further and dispose of it with the following direction , which shall be read in addition to various directions earlier made from time to time by this Court :
In the event the Medical Council of India grants recognition to the College and the College authorities consider the ques-tion of admission or regularisation of admission of the students , they shall consider the cases of the students who were already in the College and pass appropriate orders with regard to them under the rules . They may take into consideration that these students were already admitted and would have continued with their studies had the College been recognised . The special leave petitions are , accordingly , disposed of . No costs .
