Supreme Court of India
SOURABH BRALA AND OR versus UNION OF INDIA AND ORS. on 6 December 2018
[2018] 14 S.C.R. 901
SOURABH BRALA AND ORS.
v.
UNION OF INDIA AND ORS.
(Writ Petition (Civil) No. 571 of 2018)
DECEMBER 06, 2018
[R. F. NARIMAN AND M. R. SHAH, JJ.]
Education/Educational Institutions: Medical college – MBBSCourse – Allegation of students of 1st year MBBS course thatrespondent no. 5 College had not got its act in order – Studentssought transfer from respondent no. 5 College to any other collegein the State and be allowed to take examination after havingcompleted the first year of MBBS Course – Held: State Governmentwilling to take over medical students and respondent no. 5 Collegewith its infrastructure and assets so that it could meet both theMedical Council of India’s norms and affiliate with the State MedicalUniversity – Issuance of direction to the College to hand over theland, building and all assets to the State Government, by next day –On application being made by the State Government to the StateMedical University, the said University after making inspectionwould proceed to take steps to grant affiliation to the respondentno. 5 College and the Medical Council of India would grantpermission under the Medical Council of India Act – Henceforth,the students who took the first year course could sit for the firstyear examination of MBBS.
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil)No. 571 of 2018
Under Article 32 of the Constitution of India With Writ Petition (C) No. 798 of 2018.
Aman Lekhi, ASG, J. K. Sethi, Dy. Adv. Gen., Nidhesh Gupta,Vikas Singh, Ajit Kumar Sinha, Sr. Advs., Akshat Shrivastava, Mrs. PoojaShrivastava, Tarun Gupta, Himanshu Sethi, Jatinder Kumar Bhatia,Ashutosh Kumar Sharma, Gaurav Sharma, Dhawal Mohan, PrateekBhatia, Prasanna Mohan, Amitabh Sinha, Chandra Bhushan Prasad, VijayPrakash, Ms. Prerna Priyadarshni, G. S. Makker, Varun Tankha, SiddharthSharma, Advs. for the appearing parties.
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902 SUPREME COURT REPORTS [2018] 14 S.C.R.
AThe following Order of the Court was passed :
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O R D E R
1. The present Writ Petition has been filed by the students, whowere admitted to the first year MBBS Course in the Respondent No. 5College. Mr. Nidhesh Gupta, learned senior counsel appearing for theBpetitioners, has informed us that the total number of students who wereadmitted to the first year MBBS Course is 150. Despite having beentaught for a period of 1 year, the petitioners have knocked at the doorsof this Court for the reason that the Respondent No. 5 College has notgot its act in order, as a result of which, they prayed that they be transferredfrom Respondent No. 5 College to any other College in the State and beCallowed to take their examination after having completed the first yearof MBBS.
2. We have heard Mr. J.K. Sethi, learned Deputy AdvocateGeneral of the State of Uttarakhand and Mr. Vikas Singh, learned seniorcounsel appearing on behalf of the Medical Council of India.D
3. After hearing the learned counsel for some time, Mr. Sethistated that he was instructed to make an offer before this Court whichthe court considered to be fair. Mr. Sethi states that the State Governmentwould be willing to take over the students and the Respondent No. 5College itself, along with all its entire infrastructure and assets, movableEand immovable, so that it could then meet both the Medical Council ofIndia’s norms and affiliate with Hemwati Nandan Bahuguna,Uttarakhand Medical University, Dehradun.
4. We direct the Respondent No. 5 College to hand over the land,building and all assets, as stated hereinabove, to the State Governmentforthwith – to be completed latest by tomorrow, i.e., December 7, 2018.FThis is only to allay an apprehension raised by Mr. Sethi that themanagement of Respondent No. 5 College should not be given any timeto deal with the assets and/or infrastructure, as it exists, as of today.
5. On an application being made by the State Government to theaforesaid University, the aforesaid University will, after taking anGinspection, as per its Statutes, proceed to take steps either to grantaffiliation or otherwise, within a period of four weeks from the date onwhich the said application is made to it by the State Government.Likewise, once the State Government sets up the necessary infrastructurein terms of teaching staff etc., it will apply to the Medical Council ofHIndia for its permission under Section 10A of the Medical Council ofIndia Act.
6. We make it clear that if the aforestated University affiliates theInstitution and the Medical Council of India grants permission, thestudents, who have taken the first year Course, can then sit for the firstyear examination of MBBS, to be conducted by the affiliating University.
7. In pursuance of our order for handing over possession todayitself, the Director General of Police, Dehradun, is directed to seal theaforesaid premises forthwith. We make it clear that any litigation quathis College, that may arise in future, can only be made before this Courtand no other.
8. List on Thursday, the 13[th] December, 2018 as first item forfurther hearing.
Nidhi Jain
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