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2015 Supreme(Tri) 239
THE HIGH COURT OF TRIPURA, AGARTALA
DEEPAK GUPTA, U.B. SAHA, JJ.
Ashok Sinha - Petitioner
Versus
State of Tripura & Ors. - Respondents
WP(C)(PIL) 03 OF 2014
Decided on : 30.04.2015
Advocate Appeared:
For the petitioner: Mr. C.S. Sinha
For the respondent: Mr. B.R. Bhattacharji, Mr. T.D. Majumder, Mr. S. Chakraborty, Ms. N. Guha
The main legal point established in the judgment is that the State's administrative control over an institution should be clearly defined and consistent, and the State must convey a consistent stand to all relevant authorities.
Headnote:
Tripura Medical College - Administrative Control - Medical Council of India Regulations on Graduate Medical Education, 1997 - Regulation 5(2)
Fact of the Case:
The case involved a writ petition filed in the public interest to determine whether the Tripura Medical College is under the administrative control of the State of Tripura. The petitioner, a doctor, alleged that the State of Tripura virtually owns and controls the college, while the State claimed that the college is run by a society and is not under its administrative control.
Finding of the Court:
The court found that the State of Tripura was exercising administrative control over the Tripura Medical College, despite the society being the legal owner. The court also noted the inconsistent stands taken by the State before different authorities.
Issues: The main issue was whether the Tripura Medical College was under the administrative control of the State of Tripura, and whether relief should be granted to the petitioner.
Ratio Decidendi: The court held that the State must reconstitute the society running the college to ensure that the administrative control is with the society and not the Government. The court also emphasized the need for the State to convey a consistent stand to all relevant authorities.
Final Decision: The writ petition was disposed of with the condition that the State must reconstitute the society within three months to vest administrative control with the society. Failure to do so would result in the State being treated as in administrative control of the college.
Deepak Gupta, J.
In this writ petition filed in the public interest, the main question which arises for consideration is-
“Whether the Tripura Medical College is under the administrative control of the State of Tripura?”
2. The Medical Council of India has framed its regulations known as the “Medical Council of India Regulations on Graduate Medical Education, 1997” and regulation 5(2) which is relevant for our purpose reads as follows:-
“5(2). In states having more than one university/board/examining body conducting the qualifying examination (or where there is more than one medical college under the administrative control of one authority) a competitive entrance examination should be held so as to achieve a uniform evaluation as there may be variation of standards at qualifying examinations conducted by different agencies.”
3. The petitioner is himself a doctor and has filed the present petition in which it is alleged that the State of Tripura virtually owns and controls the Tripura Medical College and Dr. B.R. Ambedkar Memorial Teaching Hospital, Hapania (hereinafter referred to as the “Tripura Medical College”). The grievance of the petitioner is that by treating this college as a separate entity, the State is charging exorbitant fees from the students and also conducting a separate examination for admission into the college. It is alleged that the State of Tripura is the owner and in administrative control of the college and hence, it is not entitled to charge higher fees in the Tripura Medical College as compared to the fees charged in the Agartala Medical College.
4. The stand of the Government is that the Tripura Medical College is run by a society and the society is the owner of the college and the society has full administrative control in running the college. According to the State, it is neither the owner nor in administrative control over the college.
5. Before dealing with the contentions, it would be pertinent to give the background of the setting up of the Tripura Medical College. The Government of Tripura entered into an agreement on 07-10-2004 with Global Educational Net (GENET) which was a society registered in Kerala and the Government as well as the society agreed to run and manage the Tripura Medical College on public-private partnership mode. The said college was granted permission to admit 100 MBBS students in the first batch during the year 2006-07. Thereafter, another batch of 100 students was admitted after due permission in the year 2007-08. However, the permission to admit students in the third batch was denied to the said college on the ground of deficiencies in infrastructure, faculty and clinical material. Thereafter, GENET expressed its inability to run the college.
6. The stand of the State is that the State of Tripura keeping in view the future of 200 MBBS students who were prosecuting studies in the Tripura Medical College rescinded all agreements entered into with GENET and cancelled the Lease Deeds in favour of the GENET on 23-05-2009. The State Government with a view to protect the interest of the students decided to constitute a society known as “Society for Tripura Medical College & Dr. B.R.A. Memorial Teaching Hospital”. There is no dispute till this stage.
7. Whereas the petitioner contends that the society is nothing else but another face of the Government, according to the State the society is totally independent and free from any Government interference.
8. Various documents have been filed by the parties but we may make reference to the Memorandum of Association of the society. Clause II(iv) of the Memorandum of Association reads as follows:-
“II (iv). To ensure that Tripura Medical College & Dr. B.R.A.M. Teaching Hospital at Hapania, Agartala is developed into a self sustaining revenue generating project and obtaining permission as required from MCI.”
9. The Chairman of the socie
