Sri Siddartha Education Society Vs. Chief Secretary, Govt of Karnataka & Ors.
EmailAppeal: Writ Petition No. 1240 of 1987
Petitioner: Sri Siddartha Education Society
Respondent: Chief Secretary, Govt of Karnataka & Ors.
Apeal: Writ Petition No. 1240 of 1987
Judges: RANGANATH MISRA & N.D.OJHA, JJ
Date of Judgment: May 10, 1988
Head Note:
EDUCATION
Affiliation to Medical College
Sanction of the Govt. in the matter of affiliation to the proposed Medical College – Conditions imposed – No capitation fee in any form to be realised from the students and availability of hospital facility with sufficient beds – Construction of hospital within 15 months – Advertisement for filling up the seats to mention that “this college does not have existing hospital facilities but expects to have such facilities within 18 months.
JUDGEMENT:
O R D E R
1. Heard learned counsel for the parties. We have perused the decision of the Government in the matter of affiliation of the petitioner to the proposed Medical College. Two conditions have been impressed :- (i) there should be no capitation in any form whatsoever; (ii) that hospital facility with sufficient beds should be available for the students. Mr.Poti, counsel for the petitioner, agrees that the petitioner would give undertaking to this Court within two weeks from today that no capitation fee in any form whatsoever shall be realised from the students who would be admitted into the college for the M.B.B.S. course. He also states that immediate steps shall be taken to construct the hospital. Land is already earmarked, funds have already been set apart and construction work would start forthwith so as to provide hospital facilities by the time the students require to avail the same in course of their study. It is stated that a period of 15 months would be taken to build the hospital with adequate facilities. In view of the facts that the conditions imposed by the Government are acceptable to the petitioner, we direct that sanction be given subject to further condition that when advertisement for filling up the seats is given, it would be stated that this college does not have existing hospital facilities but expects to have such facilities with in 18 months. The state Government is directed to issue the sanction order within two weeks hence the capacity of the institution should be 150 seats as in other colleges. It would also be mentioned in the undertaking that no extension for raising the hospital shall be asked for. The CMP is accordingly disposed of.
1. Heard learned counsel for the parties. We have perused the decision of the Government in the matter of affiliation of the petitioner to the proposed Medical College. Two conditions have been impressed :- (i) there should be no capitation in any form whatsoever; (ii) that hospital facility with sufficient beds should be available for the students. Mr.Poti, counsel for the petitioner, agrees that the petitioner would give undertaking to this Court within two weeks from today that no capitation fee in any form whatsoever shall be realised from the students who would be admitted into the college for the M.B.B.S. course. He also states that immediate steps shall be taken to construct the hospital. Land is already earmarked, funds have already been set apart and construction work would start forthwith so as to provide hospital facilities by the time the students require to avail the same in course of their study. It is stated that a period of 15 months would be taken to build the hospital with adequate facilities. In view of the facts that the conditions imposed by the Government are acceptable to the petitioner, we direct that sanction be given subject to further condition that when advertisement for filling up the seats is given, it would be stated that this college does not have existing hospital facilities but expects to have such facilities with in 18 months. The state Government is directed to issue the sanction order within two weeks hence the capacity of the institution should be 150 seats as in other colleges. It would also be mentioned in the undertaking that no extension for raising the hospital shall be asked for. The CMP is accordingly disposed of.
