Full Judgment Text
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OUT TODAY
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
| SOURABH BRALA AND ORS. | ... | Petitioner(s) |
|---|
Versus
| UNION OF INDIA AND ORS. | ... | Respondent(s) |
|---|
WITH
WRIT PETITION (C) NO. 798 OF 2018
O R D E R
1) The present Writ Petition has been filed by the students, who
were admitted to the first year MBBS Course in the Respondent No. 5
College. Mr. Nidhesh Gupta, learned senior counsel appearing for
the petitioners, has informed us that the total number of students
who were admitted to the first year MBBS Course is 150. Despite
having been taught for a period of 1 year, the petitioners have
knocked at the doors of this Court for the reason that the
Respondent No. 5 College has not got its act in order, as a result
of which, they prayed that they be transferred from Respondent No.
5 College to any other College in the State and be allowed to take
their examination after having completed the first year of MBBS.
2) We have heard Mr. J.K. Sethi, learned Deputy Advocate General
of the State of Uttarakhand and Mr. Vikas Singh, learned senior
Signature Not Verified
Digitally signed by R
NATARAJAN
Date: 2018.12.06
17:20:26 IST
Reason:
counsel appearing on behalf of the Medical Council of India.
3) After hearing the learned counsel for some time, Mr. Sethi
stated that he was instructed to make an offer before this Court
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which the court considered to be fair. Mr. Sethi states that the
State Government would be willing to take over the students and the
Respondent No. 5 College itself, along with all its entire
infrastructure and assets, movable and immovable, so that it could
then meet both the Medical Council of India’s norms and affiliate
with Hemwati Nandan Bahuguna, Uttarakhand Medical University,
Dehradun.
4) We direct the Respondent No. 5 College to hand over the land,
building and all assets, as stated hereinabove, to the State
Government forthwith – to be completed latest by tomorrow, i.e.,
December 7, 2018. This is only to allay an apprehension raised by
Mr. Sethi that the management of Respondent No. 5 College should
not be given any time to deal with the assets and/or
infrastructure, as it exists, as of today.
5) On an application being made by the State Government to the
aforesaid University, the aforesaid University will, after taking
an inspection, as per its Statutes, proceed to take steps either to
grant affiliation or otherwise, within a period of four weeks from
the date on which the said application is made to it by the State
Government. Likewise, once the State Government sets up the
necessary infrastructure in terms of teaching staff etc., it will
apply to the Medical Council of India for its permission under
Section 10A of the Medical Council of India Act.
6) We make it clear that if the aforestated University affiliates
the Institution and the Medical Council of India grants permission,
the students, who have taken the first year Course, can then sit
for the first year examination of MBBS, to be conducted by the
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affiliating University.
7) In pursuance of our order for handing over possession today
itself, the Director General of Police, Dehradun, is directed to
seal the aforesaid premises forthwith. We make it clear that any
litigation qua this College, that may arise in future, can only be
made before this Court and no other.
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8) List on Thursday, the 13 December, 2018 as first item for
further hearing.
......................J.
(ROHINTON FALI NARIMAN)
......................J.
(M.R. SHAH)
New Delhi,
Dated: December 6, 2018.
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ITEM NO.7 COURT NO.7 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 571/2018
SOURABH BRALA & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and IA No.78777/2018-EXEMPTION FROM FILING O.T.)
(IA NO. 108455/2018-EXEMPTION FROM FILING O.T.
IA NO. 78777/2018-EXEMPTION FROM FILING O.T.
IA NO. 131278/2018-EXEMPTION FROM FILING O.T.
IA NO. 116714/2018-EXEMPTION FROM FILING O.T.
IA NO. 115020/2018-EXEMPTION FROM FILING O.T.
IA NO. 108453/2018-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA NO. 97474/2018-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
IA NO. 90248/2018-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
WITH
W.P.(C) No. 798/2018 (X)
(FOR ADMISSION and IA No.91235/2018-EXEMPTION FROM FILING O.T.)
Date : 06-12-2018 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
HON'BLE MR. JUSTICE M.R. SHAH
For Petitioner(s) Mr. Nidhesh Gupta, Sr.Adv.
Mr. Akshat Shrivastava, AOR
Mrs. Pooja Shrivastava, Adv.
Mr. Tarun Gupta, AOR
For Respondent(s) Mr. J.K. Sethi, Dy. Adv. Gen.
Mr. Himanshu Sethi, Adv.
Mr. Jatinder Kumar Bhatia, AOR
Mr. Ashutosh Kumar Sharma, Adv.
Mr. Vikas Singh, Sr.Adv.
Mr. Gaurav Sharma, AOR
Mr. Dhawal Mohan, Adv.
Mr. Prateek Bhatia, Adv.
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Mr. Prasanna Mohan, Adv.
Mr. Ajit Kumar Sinha, Sr.Adv.
Mr. Amitabh Sinha, Adv.
Mr. Chandra Bhushan Prasad, AOR
Mr. Aman Lekhi, ASG
Mr. Vijay Prakash, Adv.
Ms. Prerna Priyadarshni, Adv.
Mr. G.S. Makker, AOR
For Intervenor(s) Mr. Varun Tankha, Adv.
Mr. Siddharth Sharma, Adv.
UPON hearing the counsel the Court made the following
O R D E R
This Court made certain directions in terms of the signed
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order and directed to list the matters on Thursday, the 13
December, 2018 for further hearing as the first item.
(MANAV SHARMA) (TAPAN KUMAR CHAKRABORTY)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file.)