Baba Mungipa Medical College and Research Centres Students Vs. Government of Tripura
& Ors [1997] INSC 806 (3 November 1997)
SUHAS
C. SEN, M. JAGANNADHA RAO.
ACT:
HEADNOTE:
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 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.
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