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2019 Supreme(Kar) 821
IN THE HIGH COURT OF KARNATAKA
ALOK ARADHE, J.
Arun K. Kumar - Appellant
Versus
Union of India by Ministry of Health and Family Welfare - Respondent
Writ Petition No. 4557 of 2019, 4558 of 2019, 4559 of 2019, 4560 of 2019, 4561 of 2019, 5482 of 2019, 5483 of 2019, 5484 of 2019, 5485 of 2019, 5486 of 2019, 1885 of 2019, 1886 of 2019, 1887 of 2019, 1888 of 2019, 1889 of 2019, 1890 of 2019, 1891 of 2019, 1892 of 2019, 1893 of 2019, 1894 of 2019, 1895 of 2019, 1896 of 2019, 1897 of 2019, 1898 of 2019, 1899 of 2019, 1900 of 2019, 1901 of 2019, 1902 of 2019, 1903 of 2019, 1904 of 2019, 1905 of 2019, 1906 of 2019, 1907 of 2019, 1908 of 2019, 1909 of 2019, 1910 of 2019, 1911 of 2019, 1912 of 2019, 1913 of 2019, 1914 of 2019, 1915 of 2019, 1916 of 2019, 1917 of 2019, 1918 of 2019, 1919 of 2019, 1920 of 2019, 1921 of 2019, 1922 of 2019, 1923 of 2019, 1924 of 2019, 1925 of 2019, 1926 of 2019, 1927 of 2019, 1928 of 2019, 1929 of 2019, 1930 of 2019, 1931 of 2019, 1932 of 2019, 1933 of 2019, 1934 of 2019, 1935 of 2019, 1936 of 2019, 1937 of 2019, 1938 of 2019, 1939 of 2019, 1940 of 2019, 1941 of 2019, 1942 of 2019, 1943 of 2019, 1944 of 2019, 1945 of 2019, 1946 of 2019, 1947 of 2019, 1948 of 2019, 1949 of 2019, 1950 of 2019, 1951 of 2019, 1952 of 2019, 1953 of 2019, 1954 of 2019, 1955 of 2019, 1956 of 2019, 1957 of 2019, 1958 of 2019, 1959 of 2019, 1960 of 2019, 1961 of 2019, 1962 of 2019, 1963 of 2019, 1964 of 2019, 1965 of 2019, 2907 of 2019, 2908 of 2019, 2909 of 2019, 2910 of 2019, 2911 of 2019, 2912 of 2019, 2913 of 2019, 2914 of 2019, 2915 of 2019, 2916 of 2019, 2917 of 2019, 2918 of 2019, 2919 of 2019, 2920 of 2019, 2921 of 2019, 2922 of 2019, 2923 of 2019, 2924 of 2019, 2925 of 2019, 2926 of 2019, 4562 of 2019, 4563 of 2019, 4564 of 2019, 4565 of 2019, 4566 of 2019, 5389 of 2019, 5390 of 2019, 10342 of 2019, 10343 of 2019
Decided On : 22-08-2019
S.S. Naganand, Adv., H. Mallan Goud, Adv., N. Khetty, Adv., R. Nataraj, Adv., N.K. Ramesh, Adv., K. Diwakara, Adv., B. Vachan, Adv., A.V. Gangadharappa, Adv., Fara Fathima, Adv.
The central legal point established in the judgment is the responsibility of stakeholders to ensure adequate infrastructure, teaching faculty, and clinical facilities for medical students, as well as the MCI's duty to examine and make decisions on the transfer of students if deficiencies are found.
Headnote:
defunct institution - MBBS students seeking relocation - Indian Medical Council Act, 1956 - Section 10A, Regulations for establishment of new medical colleges - The court directed the Medical Council of India (MCI) to examine the college's infrastructure, teaching faculty, and clinical facilities and make a decision on the students' transfer to government medical colleges if deficiencies are found. The college was directed to comply with deficiencies, and the MCI was to recognize the degree of the students if facilities were found sufficient.
Fact of the Case:
The petitioners, MBBS students, sought a writ of mandamus to declare the college as defunct and to relocate them to other recognized medical institutions due to deficiencies in infrastructure and teaching faculty. The college was granted permission to establish with an annual intake capacity of 150 seats for the academic session 2016-17, subject to renewal of permission on a yearly basis.
Finding of the Court:
The court directed the MCI to examine the college's infrastructure and make a decision on the students' transfer if deficiencies were found. The college was directed to comply with deficiencies, and the MCI was to recognize the degree of the students if facilities were found sufficient.
Issues: The main issue was the adequacy of the college's infrastructure, teaching faculty, and clinical facilities for the petitioners. The court also addressed the premature nature of the relief sought by the petitioners and the failure of the MCI to perform its duty in examining the college's infrastructure.
Ratio Decidendi: The responsibility lies on stakeholders to ensure that necessary infrastructure, teaching faculty, and well-equipped hospitals are provided to medical students. The MCI was directed to examine the college's facilities and make a decision on the students' transfer if deficiencies were found.
Final Decision: The court directed the MCI to examine the college's infrastructure and make a decision on the students' transfer if deficiencies were found. The college was directed to comply with deficiencies, and the MCI was to recognize the degree of the students if facilities were found sufficient.
JUDGMENT :
Alok Aradhe, J.
Mr. S.S. Naganand, learned Senior counsel for Mr. Ajith A. Shetty, learned counsel for the petitioners.
Mr. H. Mallan Goud, learned Central Government Counsel for respondent No.1.
Mr. N. Khetty, learned counsel for respondent No.2.
Mr. R. Nataraj, learned Additional Advocate General for Mr. V. Shivareddy, learned High Court Government Pleader for respondent No.3.
Mr. N.K. Ramesh, learned counsel for respondent No.4.
Mr. K. Diwakara, learned counsel for respondent No.5.
In these writ petitions, the petitioners who are students of MBBS course of 2016-17 Batch and are currently pursuing their studies in respondent No.6- institution seek a writ of mandamus directing respondent Nos.2 and to declare Sambharam Institute of Medical Science and Research (hereinafter referred to as 'the College' for short) as a defunct institution as well as a writ of mandamus directing Rajeev Gandhi University of Health Sciences (hereinafter referred to as 'the University for short) to shift/relocate the petitioners herein to other institutions recognized by respondent Nos.2 and 4, offering valid degree in medical sciences/medicine within the State of Karnataka from the current academic year viz., 2018-19. The petitioners also seek a writ of mandamus directing respondent No.2 to recognize allocation of seats for petitioners in alternative colleges/ institutions as being valid.
2. Facts giving rise for filing of these writ petitions briefly stated are that in compliance of the directions issued by this Court dated 31.03.2016 in W.P.No.12540/2016, the University on 02.05.2016 conducted an enquiry and agreed in principle to affiliate the first course of MBBS for the academic year 2016-17 subject to permission granted by the Government. The Supreme Court by an order dated 02.05.2016 passed in 'MODERN DENTAL COLLEGE AND RESEARCH CENTRE AND ORS. VS. STATE OF MADHYA PRADESH AND ORS.', constituted a three member Oversight Committee to oversee the functioning of Medical Council of India and also to ensure that widespread deficiencies in medical institutions across the country were removed. On 13.06.2016, the Oversight Committee decided to permit all the applicant colleges, which have not been afforded an opportunity to submit their compliance reports to the deficiencies pointed out by the Medical Council of India in the Inspection / verification reports for the academic year 2016-17, afresh to the Ministry of Health and Family Welfare on or before 22.06.2016. The State Government submitted the essentiality certificate prescribed in Form-2 of Medical Council of India establishment of Medical College Regulations, 1999 on 05.07.2016, in which it was stated that in case the college fails to create infrastructure to medical college as per Medical Council of India norms and fresh admissions are stopped by the Central Government, the State Government shall take over the responsibility of the students already admitted in the college with the permission of the Central Government. The respondent No.1 viz., Union of India on 26.09.2016 proceeded to approve intake of 150 students for the academic year 2016-17 subject to the conditions contained therein, which included rectification of various deficiencies, which were earlier found in the infrastructure of the college. Admittedly, the petitioners were admitted in the college as per their merit.
3. Admittedly, the college did not comply with the deficiencies as a result of which it was debarred from inducting students for academic sessions 2014-15, 2017-18, 2018-19 and 2018-19. The college however asserted that it has complied with the deficiencies and approached Supreme Court by filing W.P.No.850/2017 which was disposed of by the Supreme Court vide order dated 16.09.2017 directing Medical Council of India to conduct fresh instructions thereof and grant the college time to overcome the deficiencies, if any. The Medical Council of India on inspection found that the respondent No.6-College has failed to comply
