Full Judgment Text
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CASE NO.:
Writ Petition (civil) 8 of 2001
PETITIONER:
ASHEESH PRATAP SINGH & ORS.
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 11/03/2002
BENCH:
S. Rajendra Babu & Ruma Pal
JUDGMENT:
[With W.P.(C) No.76/2001]
J U D G M E N T
RAJENDRA BABU, J. :
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. 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. 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.
However, at this stage, it is pertinent to state that considering the
fact that a large number 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 College 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 institution 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
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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."
Inasmuch as, by our judgment in C.A.No.3237/1999 pronounced
today, 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.
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.
The writ petitions shall stand disposed of accordingly. No costs.
...J.
[ S. RAJENDRA BABU ]
...J.
[ RUMA PAL ]
MARCH 11, 2002