2017 Supreme(Mad) 3644
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. KIRUBAKARAN, J.
Hari Prasad & Ors. - Petitioners
Versus
The Health Secretary, Ministry of Health and Family Welfare, Government of India & Ors. - Respondents
W.P. Nos. 25215, 26085, 26177, 26556, 28262, 28374 & 28444 of 2017 and W.M.P.Nos.26659, 26660, 32890, 27705, 27706, 27829, 27830, 28267, 28268, 31555, 30377, 30472, 30473, 30552, 30553 of 2017
Decided On : 22-12-2017
For the Petitioners: Mr. R. Sirajudin, Senior Counsel for Mr. H. Rajasekar.
For the Respondents:Mr. Rabu Manohar, CGSC, Mr. Vijay Narayan, Advocate General asst. by Mr. T.M. Pappiah, Spl. G.P, Mr. V.P. Raman, Standing Counsel, Mr. P.R. Gopinathan, Standing Counsel, Mr. R. Singaravelan, Senior Counsel, Mr. N. Ramakrishnan, Mr. N.V. Srinivasan, Mr. S. Prabakaran, Senior Counsel, Mr. R. Singaravelan, Senior Counsel.
The duty of the State Government to safeguard the interests of the students and ensure their education is not hindered, emphasizing the need for prompt compliance with the court's order to accommodate the students in Government Medical Colleges.
Headnote:
Medical College - Admission Dispute - Essentiality Certificate, Medical Council of India, Ministry of Health and Family Welfare - The judgment discusses the dispute surrounding the admission of students in a medical college, the deficiencies in infrastructure, and the obligations of the State Government and other stakeholders. It directs the State Government to send a proposal to the Medical Council of India to accommodate the students in Government Medical Colleges, and orders the Oversight Committee and Ministry of Health and Family Welfare to take necessary actions. The judgment emphasizes the duty of the State Government to safeguard the interests of the students and ensure their education is not hindered.
Fact of the Case:
The students admitted to a medical college faced a dispute between the trustees, deficiencies in infrastructure, and an order debarring the college from admitting students for two academic years. The students were unable to attend classes due to lack of infrastructure, and the State Government was involved in the issuance and cancellation of the Essentiality Certificate.
Finding of the Court:
The court found that the students' education in the college would cause injustice due to deficiencies in infrastructure, and emphasized the duty of the State Government to accommodate the students in Government Medical Colleges. It directed the State Government to send a proposal to the Medical Council of India and ordered necessary actions to be taken by the Oversight Committee and Ministry of Health and Family Welfare.
Issues: The issues revolved around the dispute between trustees, deficiencies in infrastructure, cancellation of the Essentiality Certificate, and the obligation of the State Government to accommodate the students in Government Medical Colleges.
Ratio Decidendi: The judgment established the duty of the State Government to safeguard the interests of the students and ensure their education is not hindered, emphasizing the need for prompt compliance with the court's order to accommodate the students in Government Medical Colleges.
Final Decision: The court directed the State Government to send a proposal to the Medical Council of India to accommodate the students in Government Medical Colleges, and ordered the Oversight Committee and Ministry of Health and Family Welfare to take necessary actions. The judgment kept the writ petitions pending for further orders and compliance monitoring.
The role of doctors have been recognized 2000 years ago by ancient tamils and one such evidence is found in “Immortal Thirukkural” written by “Saint Thiruvalluvar”.
“xxx”
“Disease, its cause, what may abate the ill:
Let leech examine these, then use his skill.”
2. The medical experts should be in a position to diagnose the disease and its cause and to treat the root which causes the disease. When such is the importance of doctors, naturally and definitely the role of doctors in the modern life to treat fellow human beings is very essential. For that, eminent doctors have to be produced and without necessary infrastructures, it is not possible.
3. “Sorrow”, “Suffering”, “Pain”, “Distress”, “Mental Agony”, “Uncertainty of future” being suffered by the petitioner students is not at their invitation. For no fault of them, the innocent medical students are standing before this Court instead of learning in the Medical College. If they are not allowed to learn, when they are supposed to learn during the course, in future, it will definitely have an adverse impact on the Health Service. Various stakeholders are responsible for this predicament faced by the students.
4. The Medical College students, who are the petitioners herein could not attend classes from first week of October, 2017 onwards as the Medical Council of India barred admissions to 6th respondent Medical College Hospital. The petitioners were admitted in the 6th respondent College, both under the State Quota as well as Management Quota during the year 2016-2017 in MBBS course. They underwent the I year of the course and wrote the examination and almost all the students, except a few, successfully cleared all the papers. When the classes were to commence for the second year, the Government of India, by virtue of order dated 31.05.2017 declined to confirm the conditional letter of permission granted to the 6th respondent Medical College and debarred the College from admitting the students for the next academic session 2017-2018 and 2018-2019 and further directed the Medical Council of India to encash the Bank Guarantee of Rs. 2 crores offered by the 6th respondent Medical College.
5. According to the petitioners, there is a dispute between the erstwhile trustees and the new trustees with regard to the administration and a civil suit in C.S. No. 417/2017 is pending before this Court. The Central Bank of India and Bank of India had advanced loans to the tune of Rs.86 crores and Rs.60 crores and the account of the Trust, which runs the College, has been declared as NPA and symbolic possession of the land and building has been taken and proceedings under the SARFAESI Act have been initiated.
6. The members of Rajalakshmi Group, who are the new trustees sent an SMS to the students asking them not to pay second year fees whereas the trustees belonging to Devi Karumariamman Educational Trust/the founder trustees are pressing for payment of fees. The Management of the 6th respondent College does not have funds even to meet the obligation of the Bank and to appoint necessary faculty members and provide facilities. The deficiencies pointed out by the Medical Council of India have not been rectified. In the absence of any faculty, the necessary medical equipments, particularly, absence of patients, do not allow the students to have their medical education properly. Unless the students are exposed to clinical training, which they can acquire only while treating the patients, which is absolutely wanting in the 6th respondent College, there is no use in continuing in the College without any scope for medical education, in view of lack of infrastructures. Further, the situation is made complex due to the order passed by the Government of India debarring the institution from admitting students for 2 years for lack of infrastructures. This only denotes that there is no learning atmosphere with proper facilities in the 6th respondent College and therefore, the students could not attend Colle