IMPORTANT POINT
Fresh directions issued to MCI and Directorate General of Education, U.P. to accommodate students of Azamgarh Medical College, U.P. which is now closed to be complied by 14.1.03 in the Contempt Petitions.

ORDER

32 writ petitions had been filed before this Court by the students who had qualified themselves in the CPMT examination held in June 1998 for admissions to medical colleges in the State of U.P. and they were called for counselling for the MBBS seats available in Azamgarh Medical College run by the All India Children Care and Education Development Society. 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, certain deficiencies in the College were noticed by the Medical Council of India [for short MCI ] and, as directed by this Court by an order made on 4.5.2002 in Civil Appeal arising out of an order made by the High Court, the said College came to be closed. In those circumstances, this Court directed the MCI and the Directorate General of Medical Education to accommodate the students who had been admitted in this College in appropriate institutions.

2. Now a complaint is made before us that neither the MCI nor the Directorate General of Medical Education have taken the necessary follow up steps to give effect to our order.

3. It is clear that these students had passed their entrance examination and they have been allocated seats after counselling in the said College which is now closed. It is in those circumstances that we made the order in question, which is complained not to have been implemented.

4. The Directorate General of Medical Education took the stand that the complainants before us have been studying in the second professional after passing the first professional and, therefore, they have got to be accommodated in the second professional in other colleges. The MCI had indicated in their letter dated 3.4.2002 that the Migration Sub-Committee will consider the transfer of students and that the applicants were required to complete the application form as per the draft application and the regulations of MCI and to send the same to the MCI. Certain colleges reported that there were seats vacant in those colleges and the Directorate General of Medical Education proposed that the students be accommodated as follows :

"...... All the students shall be considered for accommodation in the available recognised medical colleges as per the ratio of the admission strength on the basis of the option of merit [marks obtained in 1st professional] cum college. The admission strength of recognised colleges which was sent earlier [7 Government Aided and one private] has been enclosed again. The marks sheet of the 1st professional result of the students has been enclosed again. The marks sheet of the 1st professional result of the students has been obtained from Medical College, Azamgarh. As per the admission strength of concerned colleges, the 50 students of Azamgarh are proposed for transfer as per the chart below :

Name of College Admission Proposed No. of Strength seats in the ratio of Admission strength For the   accommodation of 50 students

K.G. Medical College                Lucknow University      185    11

G.S.V.M. Medical College,                               Kanpur 191 11

S.N. Medical College, Agra 123 7

M.L.N. Medical College,                                      Allahabad 102 6

L.L.R.M. Medical College,  Meerut 100 6

M.L.B. Medical College,  Jhansi 50 3

B.R.D. Medical College,

Gorakhpur 50 3

Santosh Medical College,

Ghaziabad 50 3

851 50

5. The stand of the