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2016 Supreme(All) 1302

ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : DR. DEVENDRA KUMAR ARORA, J.
DODIA NARENDRA DILIPBHAI AND OTHERS .....Petitioners
Versus
UNION OF INDIA AND OTHERS ......Respondents
(Writ Petition Nos. 16895, 18468, 21485, 23347, 24283 and 21040 of 2016 (M/S), decided on 7th November, 2016)

Advocates:
Counsel :
Lalta Prasad Misra and Sharad Pathak for the Petitioners; C.S.C., A.G.A., Gyanendra Kumar Srivastava, Kumar Ayush, Shobhit Mohan Shukla and Shraddha Agarwal for the Respondents.

Headnote:Constitution of India, 1950—Article 226, Schedule VII, List-III, Entry 25—Indian Medical Council Act, 1956—Sections 10-A, 10-B and 11—U.P. State Universities Act, 1973—Section 37—Establishment of Medical College Regulations, 1999—Regulation 3(2)(5)—Admission—MBBS Course—Unlawful practices—Petitioner-students sought mandamus to allow them to appear in MBBS First Year Examination—Allegedly, Respondent No. 6 has imparted education in first year MBBS Course to petitioners in gross violation of interim order dated 29.7.2015 passed by Apex Court—Admissions not found on accepted norms of fairness, transparency and non-exploitativeness, nor on merit—Nothing brought on material to indicate completion of minimum standards of education as prescribed—A willful disobedience by respondent Medical College of orders passed by Apex Court, is nothing but an inteference with administration of justice—Petitioner not entitled to relief sought—However refund of fees deposited by students directed—Direction issued. [Paras 42 to 65]

       

JUDGMENT

Hon’ble Dr. Devendra Kumar Arora, J.—At the outset, it is relevant to mention that in all the afore-captioned writ petition almost similar reliefs have been sought for and as such all the writ petitions have been clubbed together and are being decided by a common judgment.

2. Heard Mr. Sharad Pathak, Mr. Mayankar Singh and Mr. Sreesh Mishra, learned Counsel for the petitioners, Mr. Asit Kumar Chaturvedi, Senior Advocate, assisted by Mr. Ashwani Kumar Singh, learned Counsel for the Union of India, Mr. Sanjay Bhasin, learned additional chief Standing Counsel appearing on behalf of the State as well as Director General, Medical Education, U.P., Lucknow (opposite parties Nos. 2 and 3), Mr. Gyanendra Kumar Srivastava, learned Counsel for the opposite party No. 4-Medical Council of India, Mr. Shobhit Mohan Shukla, learned Counsel for the opposite party No. 5-Dr. Ram Manohar Lohiya Avadh University, Faizabad, and Mr. S.K. Kalia, Senior Advocate, assisted by Ms. Shraddha Agarwal, learned Counsel for the opposite party No. 6-Society for Advancement of Environment Science, Aliganj, through its President Dr. M.C. Saxena.

3. Petitioners, who took admission in MBBS First Year in Dr. M.C. Saxena College of Medical Science, Lucknow, on being declared successful in U.P. Combined Medical Entrance Examination, 2015 [in short referred to as UPCMET-2015] conducted by the Association of the private Medical Colleges, have approached this Court under Article 226 of the Constitution of India, seeking a writ of Mandamus commanding the opposite parties to allow them to appear in MBBS First Year Examination, while holding the Annual Examination for the Academic Session 2015-16 by taking all requisite steps before commencement of Examinations, including adjusting and allocating the petitioners/students against the vacant seats of other recognized and affiliated Medical Colleges by the concerned opposite parties.

4. Shorn off, unnecessary details, the facts of the case are as under :

The Society, namely, Society for Advancement of Environment Science, 222, Chandralok Colony, Aliganj, Lucknow, established a medical college in the name and style of ‘Dr. M.C. Saxena College of Medical Sciences, Lucknow’ [hereinafter referred to as the “Institution’ for the sake of brevity]. The Society has filed a writ petition, bearing No. 6703 of 2016 (M/B): Society for Advancement of Environmental Science v. Union of India and others, challenging the order of the Government of India dated 15.6.2015, whereby the recommendations made by the Medical Council of India to disapprove the Scheme submitted by the Society for establishing a new Medical College at Lucknow, has been accepted and the said scheme has been disapproved. A Division Bench of this Court, vide order dated 24.9.2015, on appreciating the fact that the last date of admission of MBBS First Professional Course is 30.9.2015, as an interim measure, permitted the Institution to admit 150 students in the MBBS First Professional Course as per the existing system of the admission applicable to the Institution with the following conditions :

“(ii) The admission of the students under this order will be subject to further orders which may be passed by this Court in this writ petition.

(iii) The petitioner’s institution, while making admissions, will clearly indicate and apprise the students in writing that their admission, if any, will be subject to further orders which may be passed by this Court in this writ petition and in case of failure of the writ petition, their admission to this institution shall stand automatically cancelled. The students so informed shall be required to furnish an undertaking to the Registrar of the University concerned to the effect that they have been informed about this order and they will not have any claim with regard to admission with this institution and that they understand that in case the writ petition fails, their admission shall stand cancelled.

(iv) The petitioner’s institut














































































































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