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Monday, October 6, 2014

Medical Seats - Defects are rectified pending only for inspection and verification and certification - time is going to be lapsed by 30-9-2014 - Apex court granted interim orders and held that 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. 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, the admission shall be given after 30th September, 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petitions earlier for renewal of their recognition for the academic year 2014-15, but their petitions were rejected or withdrawn for whatever reason, provided undertakings as stated hereinabove are filed by President/Chairman and the Secretary of those institutions. 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.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.=WRIT PETITION (CIVIL) NO. 469 OF 2014 HIND CHARITABLE TRUST SHEKHAR HOSPITAL PVT. LTD. PETITIONER(s) VERSUS UNION OF INDIA & ORS. RESPONDENT(s) = 2014- Sept.Month - http://judis.nic.in/supremecourt/filename=41936

  Medical Seats - Defects are rectified pending only for inspection and verification and certification - time is going to be lapsed by 30-9-2014 - Apex court granted interim orders  and held that 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. 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, the admission shall be given after 30th  September,  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.  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.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.=

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 of Chhattisgarh [(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. =

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, the admission shall be given after 30th  September,  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.

2014- Sept.Month - http://judis.nic.in/supremecourt/filename=41936

                                                                REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                    CIVIL ORIGINAL/APPELLATE JURISDICTION

                   WRIT PETITION (CIVIL)  NO.  469 OF 2014

      HIND CHARITABLE TRUST SHEKHAR HOSPITAL
      PVT. LTD.                                         PETITIONER(s)

                                VERSUS

UNION OF INDIA & ORS.                       RESPONDENT(s)
                                    WITH
      W.P.(C) No. 700/2014
W.P.(C) No. 705/2014
W.P.(C) No. 706/2014
W.P.(C) No. 707/2014
SLP(C)  No. 21765/2014
SLP(C)  No. 22755/2014
SLP(C)  No. 22756/2014
SLP(C)  No. 22757/2014
SLP(C)  No. 22758-22759/2014
SLP(C)  No. 22974/2014
W.P.(C) No. 784/2014
SLP(C)  No. 23512/2014
SLP(C)  No. 23777/2014
W.P.(C) No. 757/2014
W.P.(C) No. 799/2014
SLP(C)  No. 22785/2014
SLP(C)  No. 23476/2014
SLP(C)  No. 23547/2014
SLP(C)  No. 24150-24151/2014
SLP(C)  No. 24154/2014
T.P.(C) No. 1217/2014
SLP(C)  No. 24665/2014
SLP(C)  No. 24913/2014
W.P.(C) No. 819/2014
SLP(C)  No. 24686/2014
SLP(C)  No. 25763/2014
                                  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 of Chhattisgarh [(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  not  available  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  undertakings  given  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, the admission shall be given after 30th  September,  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.
                                                   .......................J.
                                                             [ANIL R. DAVE ]


                                                   .......................J.
                                                            [VIKRAMAJIT SEN]


                                                   .......................J.
                                                          [UDAY UMESH LALIT]

      New Delhi;
      September 18, 2014.

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