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1994 Supreme(Pat) 345
PATNA HIGH COURT
Nagendra Rai, Choudhary and S.N.Mishra JJ.
Mata Gujri Memorial Medical College And Lions Sewa Kendra Hosptial
Versus
State Of Bihar
Miscellaneous Judicial Case No. 2038 of 1993 ;
Decided On : NOVEMBER 01, 1994
Headnote:Bihar State Universities Act, 1976, Sec 21 (2)(d)-grant of approval for affiliation - prior approval for establishing a medical college not taken by the institution claiming itself a minority institution-the State Govt. has to be satisfied that in truth and reality the institution has been established - before granting approval for affiliation investigations relating to viability of college, academic standard, etc which are regulatory measures are to be taken and was justified to refuse to grant permission as infrastructure and other facilities as prescribed by Medical council of India were not provided. (Paras 16, 18, 19 & 26)
Constitution of India, Art 30, 31 (1) right of the minorities to establish and administer educational institutions is not an absolute right-the right to administer does not mean the right to mal - administer and can be claimed only in respect of institutions which are educational institutions in truth and reality - they can not claim recognition or affiliation as a matter of right - AIR 1963 SC 540, AIR 1974 SC 1389, AIR 1986 SC 1490, AIR 1988 SC 305, (1992)4 SCC 435, 1997(1) PLJR 595, AIR 1993 SC 2178 ref and relied. (Paras 22, 23, 25, 26, 30)
Constitution of India, Art 215 - direction of High Court on wrong decision - on error of judgment in deciding the question by an authority will not lead to an inference of willful disobedience - efforts were made to comply the order - no case for punishment made out. (Para 15)
Constitution of India, Art 245, 246, Art 66 of list 1 of Seventh sch. - Power to see that the required standard of higher education Parliament has exclusive power to make legislation on the said subject. (Para 30)
Indian Medical Council Act, 1956, Sec 19, 10A, 10B, 10C (as amended) - Medical Council laying down procedures and requirements for grant of affiliation of a medical college and forbidding establishment of a college without its approval - colleges established prior to coming into force of the amended provisions - Provisions not applicable to that extent but submissions that the provisions will not apply are devoid of substance - 1994 (1) PLJR 1 (Paras 20, 27, 28, 29)
Nagendra Rai, J.
1. Both the aforesaid cases are connected matters and, as such, with the consent of the parties, they have been heard together and are being disposed of at the stage of admission by this common order.
2. C.W.J.C. No. 5566/93 was originally filed with a prayer to direct the Respondent-State of Bihar to grant approval to the proposal of the affiliation of the College of the petitioner Mata Gujri Memorial Medical College and Lions Seva kendra Hospital, Kishanganj, and for commanding the Respondent No.2-B.N. Mandal University, Madhepura, to affiliate the said College to the University.
3. It appears that the petitioner had earlier come to this Court in C.W.J.C. No. 5516/93 [1993(2) PLJR 645] for the similar reliefs in C.W.J.C. No. 5566/93, which was disposed of on 4.11.1993 by a Division Bench. The order passed by the Division Bench runs as follows:
This is a question of affiliation of college under Sec. 21(2)(d) read with the proviso. On behalf of the petitioner reference is made to Paragraphs 13 and 14 of the petitions. It was submitted on behalf of the State Government that a proper application was to be made. However, on behalf of the petitioner it is stated that they have already submitted papers and no further papers are required to be submitted.
We direct the State Government to take decision on the basis of the papers already before it and decide the matter on the basis of the same. If the applications are defective and proper materials and documents have not been filed, decision shall be taken accordingly which shall be communicated by 4th of December, 1993.
A copy of the said order is annexed as Annexure-1 to the M.J.C. application. According to the petitioner, the aforesaid order given by a Division Bench of this Court was not complied with within the time given in the order and thereafter the aforesaid M.J.C. application (M.J.C. No. 2038/93) was filed on 21.12.1993. A show cause was filed in the aforesaid M.J.C. application; wherein, a statement has been made that the final decision has been taken on -15.1.1994 in accordance with the direction given by this Court in the earlier writ application. Thereafter, the petitioner filed an amendment, petition on 28.1.1994 in C.W.J.C. No. 5566/93 for making amendment in the prayer portion of the writ application. In the amendment petition, apart from stating the additional facts, the petitioner has prayed for issuance of a writ of certiorari for quashing the order of the Additional Secretary dated 15.1.94, a copy of the order is annexed as Annexure-15 to the amendment petition, and for a direction to the Respondent-State to grant approval to the proposal of affiliation of the petitioner-College and commanding the University to affiliate the College to the University, that is how both these matters have been ordered to be heard together.
4. The petitioner claims itself to be a minority institution established by he Sikh community in the year 1990. The College started functioning initially at Rukunpura, in the town and district of Patna and later on it was shifted to Kishanganj at Lions Seva Kendra Hospital. According to the assertion made in the petition, the petitioner fulfills all the requirements which are essential for recognition of a minority College by the State Government and affiliation by the University. It is also asserted, apart from the teaching and non-teaching staffs employed in the Institution, the petitioners Institution also possessed a good Hospital and other immovable properties
5. On 20.6.1991 an application was filed by the Secretary of the College to the Chief Minister for grant of affiliation. Again on 25.2.1992 the Secretary of the College made an application to the Vice-Chancellor of the Respondent-University for inspection of the College by the University. Inspection fee of Rs. 5, 000.00 was deposited (vide Annexure-1) and on 8.4.1992 the Secretary deposited Rs. 5 lacs through a demand draft as a reserve fund and affiliation fee
