Pratap Singh & Ors Vs. Union of India
& Ors  Insc 126 (11 March 2002)
Babu & Ruma Pal
BABU, J. :
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.
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:
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 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.
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.
a period of three months from today.
writ petitions shall stand disposed of accordingly. No costs.
RAJENDRA BABU ] ...J.