JUDGMENT

J.B.PARDIWALA, J.

( 1. ) AS common questions of facts and law are involved in the above captioned three writ petitions, the same were taken up for hearing together and are being disposed of by this common judgment and order.

In all three writ petitions, the petitioners are students pursuing their 2nd Year M.B.B.S. Degree course at respondent no.8 - College viz. K.J.Mehta General Hospital and College of Medical Sciences, Bhavnagar (hereinafter referred to as, 'the College').

( 2. ) THESE petitions depict a very sorry state of affairs at the end of respondent no.8 - College. There cannot be a better example than the present petition to Establishment of Medical College Regulations, 1999 demonstrate greed of a private organization, a medical college to amass wealth by commercializing medical education. In spite of the fact that the Medical Council of India decided not to continue the college (respondent no.8) as medical college and Thereby refused permission for admission from 2010-2011 onwards and respondent no.8 - College Thereby cannot admit any student for the academic session 2010-2011 onwards, respondent no.8 is still insisting that the students who were earlier admitted should not be transferred to any other recognized medical college and respondent no.8 - College may be allowed to impart teaching.

We have noticed that the Medical Council of India has not renewed permission to run medical college as respondent no.8 - College miserably failed to impart education due to lack of teaching and non-teaching staff, infrastructure, other facilities, etc. We have also noticed that the Delhi High Court, while deciding Letters Patent Appeal No.661/2010 and CM No.16498/2010, vide judgment and order dated 25th October 2010, gave an opportunity to respondent no.8 - College to take rectification measures and make good all the deficiencies noticed by the Medical Council of India but, in spite of this opportunity, respondent no.8 - College has failed to raise the education standards, failed to appoint teaching and non-teaching staff, infrastructure and other facilities. The Medical Council of India again refused to grant permission to start medical course for the academic session 2011-2012.

( 3. ) WE are reminded of a very important observation of the Supreme Court which can be quoted very aptly in the present case. WE are referring to a decision of the Supreme Court in the case of Medical Council of India v/s. State of Karnataka and others, reported in AIR 1998 SC 2423, wherein the Supreme Court in paragraph 30 observed as under:-

"30. A medical student requires gruelling study and that can be done only if proper facilities are available in a medical college and hospital attached to it has to be well equipped and teaching faculty and doctors have to be competent enough that when a medical student comes out he is perfect in the science of treatment of human beings and is not found wanting in any way. Country does not want half-baked medical professionals coming out of medical colleges when they did not have full facilities of teaching and were not exposed to the patients and their ailments during the course of their study."

( 4. ) BY way of these petitions, the petitioners are seeking a writ of mandamus or any other appropriate writ or direction for transfer of their admission to any other recognized medical college and further treat the petitioners as the students of transferee college, which is either affiliated to respondent no.7 University or any other university situated in the State of Gujarat, as respondent no.8 has miserably failed to impart education due to lack of proper infrastructure like extremely poor presence of the faculty and many of the departments like Pathology, Medicines, Forensic Medicine, T.B. and Chest, Psychiatry, Skin and VD, Gynecology, etc. has almost no teaching staff and most importantly the Medical Co