Full Judgment Text
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PETITIONER:
BABA MUNGIPA MEDICAL COLLEGE AND RESEARCH CENTRES STUDENTS G
Vs.
RESPONDENT:
GOVERNMENT OF TRIPURA & ORS.
DATE OF JUDGMENT: 03/11/1997
BENCH:
SUHAS C. SEN, M. JAGANNADHA RAO.
ACT:
HEADNOTE:
JUDGMENT:
THE 3RD DAY OF NOVEMBER, 1997
Present:
Hon’ble Mr. Justice Suhas C.sen
Hon’ble Mr. Justice M. Jagannadha Rao
P.P. Tripathi, Y.P. Mahajan, Anil Katiyar, Maninder Singh,
Ms. Lira Goswami, Ms. Ameeta V. Duggal, Rajiv Mehta, for the
appearing parties.
O R D E R
The following Order of the Court was delivered:
Baba Mungipa Education Trust, sought to establish a
Medical College in Tripura. According to the trust, there
was no Medical College in Tripura and the Trust tried to
meet a long felt need in that State. It applied to the
Central Government for permission to set up the College as
required by the Indian Medical Council Act, on 1.11.1994.
No action was taken on this application. Aggrieved by the
inaction of the Central Government, the trust took various
legal proceedings Ultimately by an order dated 21.7.1995,
this Court directed the Central Government to take
expeditious steps for processing of the application and
disposing it of in accordance with law in consultation with
the Medical Council of India.
From time to time, this Court has given other
directions. The trust was successful in its effort to get a
provisional affiliation of the College from the University.
It has been stated on behalf of the Trust that they had set
up the College and admitted students to the first year
class. But after some time, because of the inaction by the
University and the Central Government, classes had to be
suspended. It is not disputed that no classes have been held
for several years now.
The case of the Trust is that there is no reason not to
grant recognition to this college, Some deficiencies in the
facilities to be provided by the College have been noted by
the Medical Council of India. Those defects will be cured
once the College gets recognition. If the College is not
recognised by the Medical Council, the students who have
already been admitted will be seriously prejudiced. It has
been prayed on behalf of the students also that the Medical
Council of India should be directed to grant recognition to
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the College set up the Trust.
An inspection was carried out by the Medical Council on
the direction given by this Court on 28th July, 1997. A
copy of the Inspection Report has been filed in this Court.
It appears from the Report that the said inspection was
carried out by a team of doctors deputed by the Medical
Council of India on 23rd and 24th September, 1997. The
Report noted various deficiencies in the College, It also
noted that the College does not have a proper building and
has not yet acquired the land to construct the building. On
behalf of the College authorities, it has been stated that
the land is expected to be given by the Government very soon
and construction will start immediately.
We are of the view that until and unless the defects
pointed out by the Medical council are removed, there cannot
be any question of granting recognition to the College. The
College authorities will be entitled to cure the defects
pointed out in the Report. After curing the defects, they
may apply o the Medical Council for a further inspection.
It is for the Medical Council of India to decide whether the
College had all the facilities for imparting proper medical
education. But on the facts brought out in the Report, no
direction can be given to the Medical Council of India or
the Union of India to take any step for granting recognition
to the College. Admission of first year students to the
College even before grant of the recognition by the Medical
Council of India or affiliation by the University was a very
irresponsible step. The College is directed not to admit
any student till it obtains proper recognition I.A. No. 5 is
disposed of as above.