A.P. Christians Medical Educational
Society Vs. Government of Andhra Pradesh & ANR [1986] INSC 91 (24 April
1986)
REDDY, O. CHINNAPPA (J) REDDY, O. CHINNAPPA
(J) OZA, G.L. (J) SINGH, K.N. (J)
CITATION: 1986 AIR 1490 1986 SCR (2) 749 1986
SCC (2) 667 1986 SCALE (1)895
CITATOR INFO:
D 1987 SC2305 (13) R 1992 SC1926 (6)
ACT:
Constitution of India, Art. 30(1) -
Educational institutions - Right of minorities to establish and administer -
Court's right to pierce 'minority veil' to ascertain exact nature of the
institution.
HEADNOTE:
The appellant, a registered society,
purported to establish and administer a medical college as a Christian
minorities' educational institution in Andhra Pradesh. The policy of the
Government of India and the Medical Council of India was not to permit the
opening of new medical colleges.
It was, however, open to private
organisations to establish colleges of higher education which could seek
affiliation to universities in whose jurisdiction they were located. Such
colleges could offer courses leading to degrees only if they were affiliated to
a university.
One of the requirements of affiliation of a
medical college with the Osmania University was the existence of a full fledged
hospital with at least 700 beds, a regular outpatient department, well equipped
laboratories, lecture halls, demonstration rooms, etc. and hostel for students
or in the alternative provision of funds to the tune of about rupees twenty
five crores, permission letter from the State Government to start the medical
college, and a government order indicating that the bye-laws of the management
have been registered as minority institution and accepted by the Government as
such.
The appellant society could not fulfill a
single condition, apart from appointing someone as principal.
Neither the memorandum of association nor the
articles of association made reference to any amount of corpus with which the
society and the college proposed to be founded by it were to be financed
initially. It did not own any land, and it had no support of the Church either.
While its application for 750 affiliation was pending with the University it
admitted students to the first year of the MBBS course, despite strong protests
voiced and several warnings issued by the University.
On May 23, 1985 the University wrote to the
Society that it was necessary to obtain the permission of the State Government
and the Medical Council of India in order to start a medical college. The
society was also informed that their action in admitting students in the first
year MBBS course was highly irregular and illegal and that it should cancel the
admissions so made, and that attendance at the institutions not affiliated to
or recognised by the University would not qualify a candidate for admission to any
examination conducted by the University.
On July 24, 1985 the State Government
informed the society that permission to start a private medical college could
not be granted. The society thereupon filed a petition in the High Court
seeking a writ under Art. 226 of the Constitution to quash the refusal and to
direct the Government to grant permission and the University to grant
affiliation. The petition was dimissed in limine observing that there were no
circumstances to justify compelling the Government to grant permission to the
society to start a new medical college in view of the restrictions placed by an
expert body like the Medical Council of India that no further medical college
should be started.
In the appeal by special leave, it was
contended that even a single individual belonging to a minority could found a
minority institution and had the right so to do under the Constitution, and
neither the Government nor the University could deny the society's right to
establish a minority institution, though they may impose regulatory measures in
the interests of uniformity, efficiency and excellence of education.
In the writ petition filed by some of the
students admitted into the MBBS Course by the Society, it was pleaded that the
interests of students should not be sacrificed because of the conduct or folly
of the management, and that they should be permitted to appear at the
university examination, notwithstanding the circumstances that permission and
affiliation had not been granted to the institution.
751 Dismissing the appeal and the writ
petition, the Court ^
HELD : 1.(i) The Court has the undoubted
right to pierce the 'minority veil' and discover whether there is lurking
behind it no minority at all and in any case, no minority institution. [762 C-D]
1.(ii) What is important and what is imperative is that there must exist some
real positive index to enable the institution to be identified as an
educational institution of the minorities. The object of Art. 30(1) is not to
allow bogies to be raised by pretenders but to give the minorities a sense of
security and a feeling of confidence, not merely by guaranteeing the right to
profess, practice and propagate religion to religious minorities and the right
to conserve their language, script and culture to linguistic minorities, but
also to enable all minorities, religious or linguistic, to establish and
administer educational institutions of their choice. These institutions must be
educational institutions of the minorities in truth and reality and not mere
masked phantoms. [762 H; D-F] In the instant case, the claim of the appellant
to start a minority educational institution was no more than the merest
pretence. Apart from the half a dozen words "as the Christian minorities
educational institutions" occurring in one of the objects recited in the
memorandum of association, there was nothing whatever to justify the claim of
the society that the institutions proposed to be started by it were intended to
be minority educational institutions.
These words were added merely to found a
claim on Art. 30(1) and for no other purpose. They were a smoke screen. [763 A-
C] 2.(i) Many, many conditions had to be fulfilled before affiliation could be
granted by the University. Yet the society launched into the venture without
fulfilling any one of them beyond appointing someone as Principal. No one could
have imagined that a medical college would function without a teaching
hospital, without the necessary scientific equipment, without the necessary
staff, without the necessary buildings and without the necessary funds. Yet,
that is what the society did or pretended to do. [761 E-G] 752 2.(ii) The
establishment of a medical college in the instant case was in the nature of a
financial adventure for the society with a view to make money from gullible
individuals anxious to obtain admission to professional collegiate courses. It
was nothing but a daring imposture and skullduggery. The Court cannot,
therefore, confer on it the status and dignity of a minority institution. [761
G-H]
3. The admission of students into the first
year MBBS course was in defiance of the conditions laid down by the University.
It was audacious since the society had no right to admit any student without
first getting affiliation from the University for the so-called medical
college. By so doing, the Society had perpetrated a huge hoax on innocent boys
and girls. [758 E-G]
4. The Court cannot by its fiat direct the
University to permit the students to appear in the examination and thereby
disobey the statute, to which it owes its existence, and the regulations made
by the University itself. That would be destructive of the rule of law. The
students sought and obtained admission in the college despite the warnings
issued by the University from time to time. That is the situation which they
have brought upon themselves and they are themselves to blame. The University
acted watchfully and wakefully, issuing timely warnings. [764 E; G-H; 765 A-B]
CIVIL APPELLATE JURISDICTION: Civil Appeal No.
5497 of 1985.
From the Judgment and Order dated 17th
October, 1985 of the Andhra Pradesh High Court in W.P. No. 11924 of 1985. WITH
Writ Petition (Civil) No. 12929 of 1985.
(Under Article 32 of the Constitution of
India.) S. Krishnan, J.B. Dadachanji, Mrs. A.K. Verma, Joel Peres and Ms. Lira
Goswami, for the Appellant in C.A.
5497/85.
K.K. Venugopal, S.S. Krishna, J.B.
Dadachanji, Mrs. A.K. Verma, Joel Perses, Ms. Lira Goswami, for the Petitioners
in W.P. No. 12929/85.
753 T.S. Krishnamurthy, H.S. Gururaj, S.
Markandeya, K. Ramkumar and K. Ram Mohan for the Respondents.
B.P. Singh, Ranjit Kumar and Harbans Singh
for the interveners.
The Judgment of the Court was delivered by
CHINNAPPA REDDY, J. A brazen and bizarre exploitation of the naive and foolish,
eager and ready-to-be-duped, aspirants for admission to professional collegiate
courses, behind the smoke screen of the right of the minorities to establish
and administer educational institutions of their choice - is what this case is
about. A society styling itself as the 'Andhra Pradesh Christian Medical
Educational Society' was registered on August 31, 1984. The first of the
objectives mentioned in the memorandum of association of the society was,
"to establish, manage and maintain educational and other institutions and
impart education and training at all stages, primary, secondary, collegiate,
Post-graduate and doctoral, as a Christian Minorities' Educational
Institutions." Another object was "to promote, establish, manage and
maintain Medical colleges, Engineering colleges, Pharmacy colleges, Commerce,
Literature, Arts and Sciences and Management colleges and colleges in other
subjects and to promote allied activities for diffusion of useful knowledge and
training."Other objects were also mentioned in the Memorandum of
Association. All that is necessary to mention here is that none of the objects,
apart from the first extracted object, had anything to do with any minority.
Even the first mentioned object did not specify or elucidate what was meant by
the statement that education and training at all stages was proposed to be
imparted in the institutions of that society "As Christian
Minorities" Educational Institutions'. Apparently the wrods "as a
Christian minorities' educational institutions" were added in order to enable
the society to claim the rights guaranteed by Art. 30(1) of the Constitution
and for no other purpose. This will become clearer and clearer as we narrate
further facts.
It is also worthy of note that neither the
memorandum of association nor the articles of association make any reference to
any amount of corpus with which the society and the institutions proposed to be
founded by it were to be financed 754 initially. It was admitted before us in
answer to a question by us to the learned counsel for the appellant-society
that the society had no funds of its own apart from what was collected from the
students.
On August 27, 1984, one Professor C.A. Adams
was one of the signatories to the memorandum of association of the society,
claiming also to be the President of a self-styled National Congress of Indian
Christian addressed a letter to Smt. Indira Gandhi, late Prime Minister of
India, requesting that the Central Government may grant them permission to
establish a Central Christian University of India in Andhra Pradesh, where
Christian children would be provided with facilities for education in arts,
sciences, engineering and technological courses, medicine, law and theological
courses. The Petitions' officer attached to the Prime Minister's office informed
Prof. Adams that his letter had been forwarded to the Ministry of Education and
Culture for further action. On September 20, 1984, the Deputy Secretary to the
Government of India, Ministry of Education and Culture wrote to the President,
National Congress of Indian Christians to the effect that universities could
only be established under Acts of Parliament or of State Legislatures and there
was, therefore, no question of giving permission to any organisation to
establish a university.
However, it was pointed out that it was open
to private organisations to establish colleges of higher education which could
seek affiliations to the universities in whose jurisdiction they were
established. Such colleges could offer courses leading to university degrees
only if they were affiliated to a university. Prof. Adams then wrote to the
Government of India claiming that there was no legal impediment to the grant of
permission by the Government to the establishment of a university. It was said
that if necessary, the Government could initiate legislation also.
In order to avoid further delay, the letter
proceeded to state, they were starting professional courses in rural areas at
Vikarabad in Rangareddy District. It was stated "to start with, as per
your advice, we are proposing to start the following faculties at Vikarabad
where we have our Christian Hospital, High School, Church and other vacant
buildings and plenty of vacant land suitable for further expansion belonging to
our christian churches." The Government of India was further requested to
address the University of Hyderabad to grant affiliation to 755 their colleges
and to recommend to the All-India Institution of Medical Sciences to affiliate
their medical college. The Government was also requested to sanction 'the
Central grant' for these colleges. Earlier in the letter it was also mentioned
that the Prime Minister was kind enough to agree to grant permission for
establishing the Central Christian University of India in Andhra Pradesh for
the benefit of two crores of Christians living in India. Most of the statements
in the letter are either misleading or false. That the Prime Minister had
agreed to the establishment of a Central Christian University is admitted
before us to be false.
Similarly the reference to "our
Christian Hospital, High School, and Church and vacant buildings" would
give an impression that the hospital, high-school, etc. were institutions of
the self-styled National Congress of Indian Christians. None of those
institutions is even remotely connected with this so-called organisation. This
was admitted before us in answer to a question by us. While Prof. Adams in his
capacity as the so-called President of the National Congress of Indian
Christians correspondent with the Central Government, the same Professor Adams
in another capacity, namely Chairman of the Andhra Pradesh Christian Medical
Educational Society, entered into a correspondence with the Chief Minister of
the Government of Andhra Pradesh and the Vice Chancellor, Osmania University.
He and one Christopher, who described himself
as the Secretary of the Society addressed a letter to the Chief Minister
claiming that under the provisions of Art.30(1) of the Constitution, they, the
Christian minority had the right to establish educational institutions of their
choice and requested him to initiate necessary action for the establishment of
a Central Christian University of India as suggested by the Government of India
and to grant permission for establishing a Christian Medical College at
Vikarabad.
It was mentioned in the letter that the
Government of India had informed them that either Parliament or the State
Legislature had to initiate action for establishing a university, but the
Government of India had permitted them to start professional colleges and seek
affiliation of the University within whose jurisdiction they fell. It is
unnecessary to repeat that the reference to the grant of permission was false.
On November 30, 1984, Christopher, Secretary of the National Congress of Indian
Christians wrote a circlar letter to the Vice-Chancellors of the Osmania
University, the Hyderabad Central 756 University and eight other universities
all over India requesting them to grant affiliation to their colleges. On
January 22, 1985, the Registrar of the Osmania University replied stating that
it was necessary for the association to submit documentary evidence regarding
the fulfillment of the conditions prescribed for affiliation and to submit an
application in the prescribed form. The conditions of affiliation of a medical
college were mentioned as :- "1. These should be full fledged Hospital
with at least (700) beds.
2. There should be a regular out-patient
deptt.
Casualty Dematology well equipped labs.,
Lecture Halls, Demonstration Rooms for students.
3. There should be a full fledged theatres in
the College, three with seating capacity for 150 to 200 students each and one
with seating capacity for 350 to 400 students, Lecture Theatres and
Demonstration rooms should be provided with necessary Audio-Visual aids. In
addition to the Lecture Theatres, there should be an auditorium where 800 to
1000 persons could be seated.
4. Accommodation has to be provided for the
following Departments 1. Anatomy 2. Physiology 3.
Bio-Chemistry 4. Pharmacology 5. Pathology 6.
Micro Biology 7. Forensic Medicine 8. Social and Preventive Medicine 9. General
Medicine 10. Surgery 11. Obstetrics and Gynaeology 12. Blood Bank. Accommodation
has to be provided for the following Departments :
5. The cost of equipment for pre-parclinical
is Rs.1 crore and recurring expenditure on the pre- and Paraclinical staff is
Rs. 24,00 lakhs p.a.
6. The Management should establish the Labs.
for anatomy Physilogy and Bio-Chemistry immediately.
7. Amount to be provided for the construction
of the following :- 757 1. Hospital (700) beds Rs. 7 crores.
2. College Rs. 3 crores.
3. Library, Administrative Block, Auditorium
Animal House and Works shop Rs. 1 crore
4. Hospital Rs. 1-1/2 crore
5. Equipment & Furniture for (i) Hospital
Rs. 7-1/2 crores (ii) College Hostels Rs. 5 crores.
8. The Management should appoint a Principal
with immediate effect to run the Medical College.
9. Permission letter from the Govt. of Andhra
Pradesh to start a Medical College.
10. A Govt. Order indicating that the
Bye-laws of the Management has been registered as Minority Institution and
accepted by the Government as such.
11. Documentary evidence for the Land for
locating the college and hospital.
12. Plan of the proposed building in which
the college and Hospital in proposed to be start.
13. Copies of the Order placed with firms for
furniture, books, equipment, if any, or a resolution to the effect that the
management would provide necessary funds for furniture, equipment and books
etc.
14. A copy of the constitution of the
Governing Body and a copy of the Certificate of Registration of the Governing
Body." The National Congress of Indian Christians was requested to furnish
information as required in the annexture in 10 copies. Thereafter on March 19, 1983,
Professor Adams as Chairman of the Christian Medical Education Society wrote to
the Registrar, Osmania University informing the latter that the Management was
taking necessary action in regard to the various matters mentioned in the
letter of the University 758 dated January 22, 1985 and that one Dr. K.
Sanjeeva Rao had been appointed as Principal of that College. It was stated in
the letter that there was no need to get the permission of the State Government
as the Christian Community had a right to establish its own educational
institutions under Art. 30 of the Constitution. But if permission was necessary
permission had already been granted by the Central Government in their letter
dated September 20, 1984. It was also mentioned that 'plans and estimates' of
the proposed medical college at Muttangi, Medak District were enclosed.
The University was further informed that 60
students had already been admitted to the first year of University MBBS course
of 1984 session and that classes were functioning from February 25, 1985. The
University was requested to send its screening Committee to inspect the
college. The University was also requested to grant temporary affiliation. The
letter contained the usual false statements. The statement that the Central Government
had granted permission was of course false. The statement referring to 'plans
and estimates' of the proposed college building at Muttangi, Medak District was
again a misleading statement as it is now admitted that the society does not
own any land in Muttangi. Though the University had called upon the society to
fulfil several conditions before affiliation could be granted, it is clear from
the letter that apart from appointing somebody as Principal of the College,
nothing whatever had been done to comply with any of the other conditions. The
society itself did not refer to any effort made by it to fulfil any of the
other conditions.
The admission of 60 students into the first
year MBBS course was in defiance of the conditions laid down by the University.
It was audacious since the society had no right to admit any student without
getting affiliation from the University. By purporting to admit students into
the so- called medical college, the society had perpetrated a huge hoax on
innocent boys and girls. The University wrote to the society on May 23, 1985
pointing out that according to the procedure laid down, affiliation could not
be granted without obtaining the feasibility report of the Screening Committee.
It was also pointed out that it was necessary to obtain the permission of the
State Government and the Medical Council of India in order to start a medical
college. The society was informed that their action in admitting students in
the first year MBBS course was highly 759 irregular and illegal and the society
was asked to cancel the admissions made by them. It was also pointed out that
attendance at the institutions not affiliated or recognised by the University
would not qualify a candidate for admission to any examination conducted by the
university.
At this juncture, it is necessary to mention
that the Andhra Pradesh Christian Medical Education Society inserted an
advertisement in the 'Decan Chronicle' of December 9, 1984 inviting
applications from candidates for admission to the first year MBBS course of the
Andhra Pradesh Central Institute of Medical Sciences. When the advertisement
came to the notice of the University authorities, they published a notification
informing the public in general and the student community in particular that the
Osmania University had neither permitted nor granted affiliation in the MBBS
course to the above institution' and 'whoever seeks admission in the above
institution will be doing so at his/her own risk'. The society appears to have
been inserting advertisements off and on inviting applications for admission to
the MBBS course. So on March 4, 1985 the University once again published a
notification in the newspapers containing a similar warning. The warning was
also broadcast on the radio and telecast on the television.
Despite all this, the society again inserted
an advertisement in the newspapers inviting applications from candidates for
admission to the first year MBBS course for the 1985 session. The University
once again, had to publish a notification warning the public. On June 5, 1985,
the society inserted an advertisement in the 'Decean Chronicle' styled as a
'reply notice', signed by an Advocate. The notice contained the oft-repeated
false allegation that the Central Government had granted permission to the
society to start professional colleges and that the Prime Minister herself had
recommended the grant of permission. It was claimed that the Osmania University
had no power to interfere with the affairs of the Christian Medical College and
that the notification published by the Osmania University was unconstitutional
and uncalled for. It was also stated that the management was seeking
affiliation with other universitites and had made good progress. This of course
is another false statement. There is nothing whatever to indicate that the
institution had made any progress in obtaining affiliation from any other
university.
760 On July 24, 1985, the Government of
Andhra Pradesh wrote to the society informing them that permission to start a
private medical college could not be granted as it was the policy of the
Government of India and the Medical Council of India not to permit opening of
new medical colleges. Before us, the petitioner society disputed the statement
that there was any policy decision of the Government of India or the Medical
Council of India not to permit opening of new Medical colleges. But two letters
- one from the Medical Council of India to the Government of Andhra Pradesh and
another from the Government of India to the Medical Council of India - have
been brought to our notice. In the letter dated January 16, 1981 from the
Medical Council of India to the Government of Andhra Pradesh it is stated,
"The council is against the starting of any new medical colleges until all
the existing ones are put on a firm footing." In the letter of the
Government of India to the Medical Council of India, it is stated, "At
present there are 106 medical colleges in the country with an annual out turn
of 12,500 medical graduates per year. This out put is considered sufficient to
meet the medical man power requirements of the country. Therefore, the present
policy of the Government of India is not to permit setting up of new medical
colleges." On the refusal of the Government of Andhra Pradesh to grant permission
to the society to start a medical college, the society filed a writ petition in
the High Court of Andhra Pradesh seeking a writ to quash the refusal of
permission by the Government of Andhra Pradesh and to direct the Government to
grant permission and the University to grant affiliation. The claim for the
issue of a writ was based on the fundamental right guaranteed by Art. 30(1) of
the Constitution. The writ petition was dismissed in limine by the High Court
by a speaking order on the ground that there were no circumstances to justify
compelling the Government to grant permission to the society to start a new
medical college in view of the restriction placed by an expert body like a
Medical Council of India that no further medical college should be started. The
society has filed this appeal by special leave of this court under Art. 136 of
the Constitution.
Even while narrating the facts, we think, we
have said enough to justify a refusal by us to exercise our discretionary
jurisdiction under Art. 136 of the Constitution. We do not 761 have any doubt
that the claim of the petitioner to start a minority educational institution
was no more than the merest pretence. Except the words, "As the Christian
Minorities Educational Institutions" occurring in one of the objects of
the society, as mentioned in the memorandum of association, there is nothing
whatever to justify the claim of the society that the institutions proposed to
be started by it were 'minority educational institutions'. Every letter written
by the society whether to the Central Government, the State Government or the
University contained false and misleading statements. As we had already
mentioned the petitioner had the termerity to admit or pretend to admit
students in the first year MBBS course without any permission being granted by
the Government for the starting of the medical college and without any
affiliation being granted by the University. The society did this despite the
strong protest voiced by the University and the several warnings issued by the
university. The society acted in defiance of the University and the Government,
in disregard of the provisions of the Andhra Pradesh Education Act, the Osmania
University Act and the Regulations of the Osmania University and with total indifference
to the interest and welfare of the students. The society has played havoc with
the careers of several score students and jeopardised their future
irretrievably. Obviously the so-called establishment of a medical college was
in the nature of a financial adventure for the so-called society and its office
bearers, but an educational misadventure for the students. Many, many
conditions had to be fulfilled before affiliation could be granted by the
University. Yet the society launched into the venture without fulfilling a
single condition beyond appointing someone as principal. No one could have
imagined that a medical college could function without a teaching hospital,
without the necessary scientific equipment, without the necessary staff,
without the necessary buildings and without the necessary funds. Yet that is
what the society did or pretended to do. We do not have any doubt that the
society and the so-called institutions were started as business ventures with a
view to make money from gullible individuals anxious to obtain admission to
professional colleges. It was nothing but a daring imposture and scul- duggery.
By no stretch of imagination, can we confer on it the status and dignity of a
minority institution.
762 It was seriously contended before us that
any minority, even a single individual belonging to a minority, could found a
minority institution and had the right so to do under the Constitution and
neither the Government nor the University could deny the society's right to
establish a minority institution, at the very threshold as it were, howsoever
they may impose regulatory measures in the interests of uniformity, efficiency
and excellence of education. The fallacy of the argument in so far as the
instant case is concerned lies in thinking that neither the Government nor the
University has the right to go behind the claim that the institution is a
minority institution and to investigate and satisfy itself whether the claim is
well- founded or ill-founded. The Government, the University and ultimately the
court have the undoubted right to pierce the 'minority veil' - with due
apologies to the Corporate Lawyers - and discover whether there is lurking
behind it no minority at all and in any case, no minority institution.
The object of Art. 30(1) is not to allow
bogies to be raised by pretenders but to give the minorities 'a sense of
security and a feeling of confidence' not merely by guaranteeing the right to
profess, practise and propagate religion to religious minorities and the right
to conserve their language, script and culture to linguistic minorities, but
also to enable all minorities, religious or linguistic, to establish and
administer educational institutions of their choice. These institutions must be
educational institutions of the minorities in truth and reality and not mere
masked phantoms. They may be institutions intended to give the children of the
minorities the best general and professional education, to make them complete
men and women of the country and to enable them to go out into the world fully
prepared and equipped. They may be institutions where special provision is made
to the advantage and for the advancement of the minority children. They may be
institutions where the parents of the children of the minority community may
expect that education in accordance with the basic tenets of their religion
would be imparted by or under the guidance of teachers, learned and steeped in
the faith. They may be institutions where the parents expect their children to
grow in a pervasive atmosphere which is in pharmonyx with their religion or
conducive to the pursuit to it. What is important and what is imperative is
that there must exist some real positive index to enable the institution to be
identified 763 as an educational institution of the minorities. We have already
said that in the present case apart from the half a dozen words 'as a Christian
minorities institution' occurring in one of the objects recited in the
memorandum of association, there is nothing whatever, in the memorandum or the
articles of association or in the actions of the society to indicate that the
institution was intended to be a minority educational institution. As already
found by us these half a dozen words were introduced merely to found a claim on
Art. 30(1). They were a smoke-screen.
It was contended before us that the
permission to start a new medical college could not be refused by the
Government nor could affiliation be refused by the University to a minority
institution on the ground that the Government of India and the Medical Council
of India had taken a policy decision not to permit the starting of new medical
colleges.
It was said that such a policy decision would
deny the minorities their right to establish an educational institution of
their choice, guaranteed by Art. 30(1) of the Constitution. The argument was
that the right to establish an educational institution was an absolute right of
the minorities and that no restriction, based on any ground of the public
interest or state or social necessity could be placed on that right so as to
destroy that right itself. It was said that to deny permission to a minority to
start a medical college on the ground that there were already enough medical
colleges in the country was tantamount to denying the right of the minority
guaranteed under Art. 30(1). On the other hand, it was said, when in the
pursuit of general or professional educational for its members, a minority
community joins the mainstream of national life, it must subject itself to the
national interest. The right guaranteed by Art. 30(1) gives the minority the
full liberty to establish educational institutions of its own choice. If the
minority community expresses its choice and opts to join the scheme of national
educational policy, it must naturally abide by the terms of that policy unless
the terms require the surrender of the right under Art. 30(1). It was said that
a medical college needed very heavy investment and that to produce doctors
beyond need would be a national waste apart from creating a problem of
unemployment in a sphere where there should be none. It appears, if one may
borrow the words of Sir Roger de Coverley, 'there is much to be said on both
sides'. In view 764 of our conclusion on the other issues we do not want to
venture an opinion on this question.
Shri K.K. Venugopal, learned counsel for the
students who have been admitted into the MBBS course of this institution,
pleaded that the interests of the students should not be sacrificed because of
the conduct or folly of the management and that they should be permitted to
appear at the University examination notwithstanding the circumstance that
permission and affiliation had not been granted to the institution. He invited
our attention to the circumstance that students of the Medical college
established by the Daru-Salaam Educational Trust were permitted to appear at
the examination notwithstanding the fact that affiliation had not by then been
granted by the University. Shri Venugopal suggested that we might issue
appropriate directions to the University to protect the interests of the
students. We do not think that we can possibly acceed to the request made by
Shri Venugopal on behalf of the students. Any direction of the nature sought by
Shri Venugopal would be in clear transgression of the provisions of the
University Act and the regulations of the University. We cannot by our fiat
direct the University to disobey the statute to which it owes its existence and
the regulations made by the University itself. We cannot imagine anything more
destructive of the rule of law than a direction by the court to disobey the
laws. The case of the medical college started by the Daru-Salaam Trust appears
to stand on a different footing as we find from the record placed before us
that permission had been granted by the State Government to the Trust to start
the medical college and on that account, the University had granted provisional
affiliation. We also find that the Medical Council of India took strong and
serious exception to the grant of provisional affiliation whereupon the
University withdrew the affiliation granted to the college. We are unable to
treat what the University did in the case of the Daru-Salaam Medcial College as
a precedent in the present case to direct the University to do something which
it is forbidden from doing by the University Act and the regulations of the
University. We regret that the students who have been admitted into the college
have not only lost the money which they must have spent to gain admission into the
college, but have also lost one or two years of precious time virtually
jeopardising their future careers. But that is a 765 situation which they have
brought upon themselves as they sought and obtained admission in the college
despite the warnings issued by the University from time to time. We are happy
to note that the University acted watchfully and wakefully, issuing timely
warnings to those seeking admission to the institution. We are sure many must
have taken heed of the warnings issued by the university and refrained from
seeking admission to the institution. If some did not heed the warnings issued
by the university, they are themselves to blame. Even so if they can be
compensated in some manner, there is no reason why that may not be done. We are
told that the assets of the institutions, which have sprung out of the funds
collected from the students, have been frozen. It is up to the State Government
to devise suitable ways, legislative and administrative, to compenstate the
students at least monetarily. The appeal filed by the society is dismissed with
costs which we quantify at Rs. 10,000. The writ petition filed by the students
is dismissed but, in the circumstances, without costs.
P.S.S. Appeal and Petition dismissed.
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