WITH SLP(C) No. 22758-22759/2014 SLP(C) No. 24150-24151/2014 T.P.(C) No. 1217/2014 JUDGMENT SLP(C) No. 24665/2014
O R D E R
Heard the learned senior counsel appearing for both
the sides.
Looking at the peculiar facts and circumstances of
the case and, especially, when several seats for medical
admission are likely to remain vacant for the academic
year 2014-15, we are of the view that these matters
require urgent consideration and we are giving these
interim directions under the provisions of Article 142 of
the Constitution of India.
There is one more reason for passing this interim
order. We are conscious of the fact that number of
physicians in our country is much less than what is
required and because of non-renewal of recognition of
several medical colleges, our citizens would be deprived
of a good number of physicians and therefore, we are
constrained to pass this order, whereby at least there
would be some increase in the number of physicians after
five years. We are running against time because the last
date for giving admissions to MBBS Course for the
academic year 2014-15 is 30th September, 2014.
We also desire to reconsider the directions given by this Court in the judgment of Priya Gupta v. State ofChhattisgarh [(2012) 7 SCC 433], but at this juncture, as
we do not have sufficient time to decide all these
petitions finally, we are passing this interim order and
the matter with regard to reconsideration of the
aforestated judgment would be considered while finally
disposing of this group of petitions.
It has been submitted on behalf of the learned
senior counsel appearing for all the petitioners/
respondents, who are managing medical colleges, that the
defects which had been recorded at the time of the last
inspection by the representatives of the Medical Council
of India have been duly rectified and at present, the
defects pointed out in the reports do not exist. The
said fact can be ascertained only by having a fresh
Compliance Verification/Inspection. However, the stand
taken by the Central Government and the Medical Council
of India is to the effect that no such inspection can be
undertaken in the present academic session because of
paucity of time and it would violate the time schedule
laid down by this Court in the case of Priya Gupta
(supra).
The learned senior counsel appearing for the
Medical Council of India has also submitted that the
petitioners do not have any legal right for getting
renewal of the recognition, especially in view of the fact that the Verification/Inspection Reports are notavailable for the period in question. The learned senior
counsel has relied upon some of the Judgments to
substantiate his case and according to him, it would not
be just and proper to permit the said medical colleges to
take fresh batch of students.
Looking at the peculiar facts of the case and the
circumstances stated hereinabove, we direct the
petitioners to file undertakings by President/Chairman
and Secretary of the petitioners' institutions running
medical colleges within 10 days from today, to the effect
that there is no defect in the medical colleges run by
them and they would also state that their deposit with
the MCI, which is around Rs.10 crores, be forfeited by
way of penalty if the statement made in the undertaking
is found to be incorrect at the time of the next
inspection. A draft undertaking has been given to this
Court. A copy of the undertaking, which might be filed
by the institutions, shall be served upon the office of
the Medical Council of India as well as to the Ministry
of Health and Family Welfare, Govt. of India, New Delhi.
We also record the fact that in the recent past,
the Medical Council of India has renewed recognition of
Government Medical Colleges on the basis of undertakings
and therefore, we see no reason not to permit the private colleges to admit students on the basis of undertakingsgiven by their office bearer as a special case.
Notwithstanding any direction given in the case of
Priya Gupta (supra), if undertakings as stated
hereinabove are filed by the institutions managing
medical colleges for the academic year 2014-15,
admissions shall be given to the students from the merit
list prepared by the States and they shall be charged
fees prescribed by the Government Medical Colleges of
their respective States. The State Authorities, i.e., the
Directorate of Medical Education & Research, of the
respective States shall send students, in order of their
merit, to the medical colleges run by the petitioners,
which are situated within their States, within one week
from the date of receipt of a copy of this order and the
said students shall be admitted to the MBBS Course in
accordance with the rules and regulations of the MCI and
also regulations dated 16.04.2010 framed by the Medical
Council of India, provided undertakings as mentioned
above are filed on behalf of the concerned institutions.
It is also clarified that there would be no further
counselling in respect of the students who are to be
given admission, even if it might result into some heart
burning among other students, but in the peculiar facts
of the case, we give this direction.
In no case, JUDGMENTthe admission shall be given after 30thSeptember, 2014. This order shall also apply to all the
institutions which had filed their petitions earlier for
renewal of their recognition for the academic year 2014-
15, but their petitions were rejected or withdrawn for
whatever reason, provided undertakings as stated
hereinabove are filed by President/Chairman and the
Secretary of those institutions. All those petitions
shall be deemed to have been revived and this order shall
be deemed to have been passed in those cases also. This
order shall only be in respect of renewal of recognition
and not for creation of additional seats or for new
colleges.
We also record that the Union of India has
supported the petitioners in the interest of students.
We also direct the Union of India to give wide publicity
to this order in print as well as electronic media in the
interest of the concerned students.
It is directed that the list of students getting
admission in pursuance of this order shall be placed on
record of this Court by 1st October, 2014 by the
concerned institutions and a copy thereof shall also be
sent to the MCI.
These matters shall be treated as part-heard and
shall be notified for further hearing in the month of
December, 2014.
New Delhi; September 18, 2014.