Asheesh Pratap Singh & Ors. Vs. Union of India & Ors.
EmailAppeal: Writ Petition (C) No. 8 of 2001
(Under Article 32 of the Constitution of India)
W.P. (C) No. 76 of 2001)
(Under Article 32 of the Constitution of India)
W.P. (C) No. 76 of 2001)
Petitioner: Asheesh Pratap Singh & Ors.
Respondent: Union of India & Ors.
Apeal: Writ Petition (C) No. 8 of 2001
(Under Article 32 of the Constitution of India)
W.P. (C) No. 76 of 2001)
(Under Article 32 of the Constitution of India)
W.P. (C) No. 76 of 2001)
Judges: S. Rajendra Babu & Ruma Pal, JJ.
Date of Judgment: Mar 11, 2002
Appearances:
Mr. Tripurary Ray, and Mr. Vishwajit Singh, Advocates for the Petitioners.
Mr. Tapash Chandra Ray, Senior Advocate, Mr. A. Mariarputham, Mr. Maninder Singh, Mr. Raj Kumar Gupta, Mr. Sheo Kumar Gupta, Mr. A.N. Bardiyar, Advocates with him for the Respondents.
Mr. Tapash Chandra Ray, Senior Advocate, Mr. A. Mariarputham, Mr. Maninder Singh, Mr. Raj Kumar Gupta, Mr. Sheo Kumar Gupta, Mr. A.N. Bardiyar, Advocates with him for the Respondents.
Head Note:
EDUCATION
Medical Council of India Act, 1956
Section 10A – Medical college – Directions for closure of the college for failure to satisfy the requirements of approval in as much as the college failed to possess a 300 bed hospital – Directions upheld by the Supreme Court – Effect of the closure on the students pursuing medical course in the college – On petition filed by the students, Court directing the Medical Council of India and the appropriate authorities of the state government to accommodate the students in different medical colleges in the state within three months upon application for transfer being made by the students.
Held:
Having regard to the facts and circumstances of the case and in the interest of justice, we direct that the Medical Council of India and the concerned directorate of medical education or any other competent authority in the State of U.P., who has the power to transfer the students from one institution to another, on appropriate application being made by the concerned petitioners, shall initiate all the necessary
steps to accommodate them in different medical colleges in the State of U.P. within a period of three months from today. (Para 4)
steps to accommodate them in different medical colleges in the State of U.P. within a period of three months from today. (Para 4)
JUDGEMENT:
RAJENDRA BABU, J.
1. Writ Petitioners (32 in all) in these petitions qualified themselves in the CPMT
examination held in June, 1998 for admission to medical colleges in the State of U.P. They were called by the respondents for counselling for the MBBS seats available in Azamgarh Medical College run by the All India Children Care & Educational Development Society, respondent in C.A. no. 3237/1999. They deposited the necessary fees and started attending the classes from July 12, 1999 and the 1st professional examination was held in May, 2000 and all of them have cleared their first professional course. When they came to join the 2nd professional course, they found that there were neither lab facilities nor sufficient teachers for teaching and conducting the course and practical classes for the 2nd professional course. However, on the assurances given to them at a parent-management meeting held on 25.7.2000 about providing adequate facilities, they joined the course.
2. However, at this stage, it is pertinent to state that considering the fact that a large number of students will be affected, this Court, in C.A. no. 3237/1999, gave the following directions by order dated 4.5.2001:
“Having perused the statements furnished by the college and the Medical Council of India and also the letter of the director general of the medical colleges of the State of U.P. in regard to compliance of requirements of 1993 regulations, we are of the opinion that it would be just and appropriate to permit the college to start after making due arrangements, imparting education to the existing students who have passed 1st year of the MBBS course within two weeks from today. The college shall be inspected by the Medical Council of India with reference to the deficiencies pointed out as per the standards fixed in 1993 regulations in the first week of August, 2001 after due notice to the applicant-respondent, college. The report whereof shall be submitted in this Court in the 2nd week of August, 2001 by the MCI. Further orders on the I.As will be passed on the basis of inspection report of MCI. However, we make it clear that if the college does not come up to the standards fixed under 1993 regulations, we will be constrained to consider the question of ordering closure of the college and at that stage appropriate order for the absorption of the students in other colleges of Uttar Pradesh will be passed, if considered necessary. We also make it clear that this arrangement is without prejudice to the contentions raised by the Medical Council of India in the appeal.”
3. Inasmuch as by our judgment in C.A. no. 3237/1999 pronounced today (JT 2002 (3) SC 30), we have set aside the order made by the High Court holding that there is a deemed permission in favour of the respondent therein, and in the light of the order made by this Court on 4.5.2001 the said institution will have to be closed in the event of non-compliance of the directions issued by this Court, the career of the students is at jeopardy and this aspect cannot be seriously disputed. Learned counsel appearing for the Medical Council of India submitted that suitable arrangement could be made to accommodate these students in different Medical Colleges in the State of U.P. with the cooperation of the Government of U.P.
4. Having regard to the facts and circumstances of the case and in the interest of justice, we direct that the Medical Council of India and the concerned directorate of medical education or any other competent authority in the State of U.P., who has the power to transfer the students from one institution to another, on appropriate application being made by the concerned petitioners, shall initiate all the necessary steps to accommodate them in different medical colleges in the State of U.P. within a period of three months from today.
5. The writ petitions shall stand disposed of accordingly. No costs.
1. Writ Petitioners (32 in all) in these petitions qualified themselves in the CPMT
examination held in June, 1998 for admission to medical colleges in the State of U.P. They were called by the respondents for counselling for the MBBS seats available in Azamgarh Medical College run by the All India Children Care & Educational Development Society, respondent in C.A. no. 3237/1999. They deposited the necessary fees and started attending the classes from July 12, 1999 and the 1st professional examination was held in May, 2000 and all of them have cleared their first professional course. When they came to join the 2nd professional course, they found that there were neither lab facilities nor sufficient teachers for teaching and conducting the course and practical classes for the 2nd professional course. However, on the assurances given to them at a parent-management meeting held on 25.7.2000 about providing adequate facilities, they joined the course.
2. However, at this stage, it is pertinent to state that considering the fact that a large number of students will be affected, this Court, in C.A. no. 3237/1999, gave the following directions by order dated 4.5.2001:
“Having perused the statements furnished by the college and the Medical Council of India and also the letter of the director general of the medical colleges of the State of U.P. in regard to compliance of requirements of 1993 regulations, we are of the opinion that it would be just and appropriate to permit the college to start after making due arrangements, imparting education to the existing students who have passed 1st year of the MBBS course within two weeks from today. The college shall be inspected by the Medical Council of India with reference to the deficiencies pointed out as per the standards fixed in 1993 regulations in the first week of August, 2001 after due notice to the applicant-respondent, college. The report whereof shall be submitted in this Court in the 2nd week of August, 2001 by the MCI. Further orders on the I.As will be passed on the basis of inspection report of MCI. However, we make it clear that if the college does not come up to the standards fixed under 1993 regulations, we will be constrained to consider the question of ordering closure of the college and at that stage appropriate order for the absorption of the students in other colleges of Uttar Pradesh will be passed, if considered necessary. We also make it clear that this arrangement is without prejudice to the contentions raised by the Medical Council of India in the appeal.”
3. Inasmuch as by our judgment in C.A. no. 3237/1999 pronounced today (JT 2002 (3) SC 30), we have set aside the order made by the High Court holding that there is a deemed permission in favour of the respondent therein, and in the light of the order made by this Court on 4.5.2001 the said institution will have to be closed in the event of non-compliance of the directions issued by this Court, the career of the students is at jeopardy and this aspect cannot be seriously disputed. Learned counsel appearing for the Medical Council of India submitted that suitable arrangement could be made to accommodate these students in different Medical Colleges in the State of U.P. with the cooperation of the Government of U.P.
4. Having regard to the facts and circumstances of the case and in the interest of justice, we direct that the Medical Council of India and the concerned directorate of medical education or any other competent authority in the State of U.P., who has the power to transfer the students from one institution to another, on appropriate application being made by the concerned petitioners, shall initiate all the necessary steps to accommodate them in different medical colleges in the State of U.P. within a period of three months from today.
5. The writ petitions shall stand disposed of accordingly. No costs.
