Supreme Court of India
HIND CHARITABLE TRUST SHEKHAR HOSPITAL PVT., LTD. versus UNION OF INDIA & ORS. on 25 September 2014
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(2014) 14.S.C.R. 1367 .· '.·· 1:[0 ]~.J2
HIND CHARITABLE TRUST SHEKHAR.HOSPITAL PVT. ·.,,A
LTD. - .:'·', ,-1 v. . ~~ UNION OF INDIA & ORS. '•. i. -,-(I.A. Nos. 4 and .5) h: (Writ Petition (Civil) No. 469 of 2014) , . I SEPTEMBER 25, 2014 [ANIL R. DAVE, VIKRAMAJIT SEN AND UDAY UMESH LALIT, JJ.]
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Education/Educational Institutions:
Medical admissions -Interim directions dated o 18.9.2014 by Supreme Court regarding medical colleges --facing non-removal of recognition Clarifications Held: Order shall also apply to cases where colleges or institutions were seeking increase in intake capacity and in the current . year have been denied permission to admit students after E -first or second or third or fourth renewal /inspection Such institutions where renewal/inspection with respect to increase in capacity were conducted in the current academic year are also entitled to the benefit under the order date 18.9.2014-The order shall also apply to all similarly situated institutions F irrespective of the fact whether any petitions were or are pending in Supreme Court or in any of the High Courts or even if they had not approached any court at all- The order shall not apply to. colleges or institutions which have been disqualified by the Medical Council of India and/or the Central G Government and have been prohibited from making any admissions for the current academic year 2014-15- There shall not be any management quota list to be sent to private colleges or institutions taking benefit under order dated 18.9.2014 -The management quota shall also be filled H· 1367
. 1368 SUPREME COURT REPORTS
A through the State list and the fees chargeable for the management quota shall also be charged at the same levels and rates as applicable to State quota list.
CIVIL ORIGINAL JURISDICTION: I.A. Nos. 4 & 5 in Writ Petition (Civil) No. 469 of2014. B Under Article 32 of the Constitution of India.
(
WITH
I.A. No. 3 in W.P.(C) No. 705 of 2014
C I.A. No. 6 in SLP (C) No. 21765 of 2014 . '
I .A. No. 2 in SLP (C) No. 22755 and 22756 of 2014
I.A. No 1-2 in SLP (C) No. 22758-22159 of 2014
I.A. No 2 in SLP (C) No. 23777 and 25763 of 2014
D I.A. No....... in SLP (C) No. 23476 of 2014
SLP (C) No. 24154 and 23561 of 2014
I.A. No 3-4, 5-6 & 7-8 in SLP (C) No. 23528-23529 of 2014 . E LA. No. 3,4,5, & 6 in W.P.(C) No . .799 of 2014
W.P.(C) No, 836 and 523 of 2014
LA. No. 2 & 3 in W.~.(C) No. 883 of 2013
LA. No. 3 in SLP (C)No. 21517 of 2014
F
I.A. No. 3 in W.P.(C) No. 757 of 2014 .
Ms. Pinky Anand, ASG, S. Udaya Kumar Sagar, R.P. Bhat, V. Giril, Basava Prabhu S. Patil, Krishnamoorthy Ramamoorthy, Koka Raghava Rao, A. Sharan, Nidhesh Gupta, Kapil .Sibal, G K.V. Vishvanathan, Vikas Singh, P.S. Patwalia, Harin P. Rawal, Guru Krishna Kumar, P. Vishwanatha Shetty, Sr.Advs., lrshad Ahmed, AAG, Bina Madhavan; Ms. Praseena Elizabeth Joseph, Ms. Akanksha Mehra, Ravindra .Keshavarao (For M/s Lawyer's Knit & Co.), D.K. Chidananda, Rakesh K.
H
HIND CHARITABLE TRUST SHEKHAR HOSPITAL PVT. LTD. v. UNION OF INDIA& ORS.
Sharma, M. Gireesh Kumar,Ankur S. Kulkarni, Sriram P., Vijay A Kumar, K.L. Sastry, Amit Kumar Srivastava, Hireesh Kumar, Amit Kumar, Ramesh Alanki, Ms. Rekha Bakshi, Ankit Rajgarhia, A.K. Kaul, Naresh Sharma, K.P. Gautam, K.K. Sharma, Avijit Mani Tripathi, Atul Kumar, R.D. Upadhyay, Giridhar G. Upadhya'{, Awadesh Kumar Singh, Ms. Asha B Upadhyay, Sanjay Bhatt, Rudra Prasad, Dushyant Kumar, Rabin Majumder, Ashish Kumar, Ravinder Kumar Katna, Neeraj Shekhar, Prasanth P., Amit Jaiswal, Neeraj Shekhar, Ashutosh Thakur, Rana Prashant, Gaurav Sharma, Prateek Bhatia, Amandeep Kaur, Arch it Upadhyay, R. K. Rathore, Ms. C Rekha Pandey, R. S. Nagar, Ms. Sunita Sharma, M. Khairati, D. S. Mahra, Rc:ighavendra S. Srivastav, Amit Pal, Rahat Bansal, Abhisht Kumar, Sumer Singh, Som Raj Chaudhary, Aditya Singla, Ms. Supriya Juneja, Ms. Priya Puri, Sharan Thakur, Tara, Vijay Kumar Paradesi, Ramesh Babu M. R., . D Kuna! Verma, Si.ldhanshu S. Chaudhari, Advs. for the appearing parties.
The following Order of the Court was passed:
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ORDER
E
After hearing the learned counsel for the parties we deem it appropriate to issue following clarifications with regard to our earlier order dated 18[1]h September, 2014. These clarifications shall be read into the said order as if they were always part thereof : - F
1. The order dated 1 ath September, 2014 shall also apply to cases where colleges or institutions were seeking increase in intake capacity and in the current year have been denied permission to admit students after first or second or third or forth renewal/inspection. In our view such institutions where G Renewal/Inspection with respect to increase in capacity were conducted in the present academic year are also entitled to the benefit underthe order dated 1 ath September, 2014.
H
'f37b. ; \,'SUPREME COURT REP-ORTS ~)~[2ci14]14 s:c.R. .::,.;..-,._: ;'.:_: :.. i[~i!-'li ::1~::-1. ;,:·;;; ;; j < ~- ;~; J -, ' .. , I 2. We also 'clarify that f~es charg~able fr~rn the students A
admitted pursuant to our order dated 1 sth, September,[1]2014 shall be atthe same rates as applicable.to:the,students in . Government medical colleges in respective Stafos'and such --.,1,..-·:·-.~····--:---,- .. · . .-·· ,,,,_, -.-. ·-i··--·:·.-r :--._ -.-··~,,.,,; --fees.shall be' at the same levels as that ofthe Government ·. s ·. ffiedic~i'C:611eiiesti1i the students'so.admitteCI i>ass'ouf trorri . the private medical colleges or institutions. ". . . '." •:•:
;"'-•i'.llJ"~"-~' ~ ,., ·.; r: i.-_,, ·:..--;:< • •• ; •• ; ; [0]·. · • ·, 1. l .• , .. .. '~· --.---.--.. , .•. • . ;, - ::;, ::;, • i · ,~~ ._,J·:· ·
,., ·.; • •• ; •• ; ; ·. ·, .• , .. .. --.---.--.. , .•. • . ;, - ::;, ::;, · "''. .3.,0ur'order shall 'also·apply to all similarly'situated institutions irrespective of the fact whetherany petitions were or, are pending in this Court or in any of the High Courts.or C even ifthey had riot approached any court at all. This order . shall also apply even in caseswhere there were orders of stay in favour of ttie Medical Council of India restraining the colleges . fronl"admitting students'forthe current academic session. . .
•. ·· •. ;4.Th~ o~de~ ~hall not applY to 'eolleg~s o~ institutions ~hich have been disqualified by the Medical Council of India and/or the Central Government and have been prohibited from making . . . any admissions for thecurrent academic year 2014-15. ' • - . ,-• • ' -) ' . • ; ' " " .. " ' . .. • ,-·1 l 5. In cases where tWo separate lists are prepared and E sent by the State agencies one relating to State quota and the· other relating to management quota in private institutions, we clarify that for the current academic year there shall be oniy one list and that shall be the "State quota" alone. There shall not be any management quota list to be sent to the private F: collegeser institutions taking the benefit under.our order dated · ~ . . . .. . 18 September, 2014 .. The Management quota shall also be be filled through the State list and the fees chargeable fo~ the management quota shall also be charged at the same levels arid rates as applicable to State quotaJist. . -. . . ---· ' '. -" .. : ',. - . , , '··, . : . . ' ' ~
. F:
. . . , , • 6. We further clarify that private institutions taking benefit G
under our order dated .1 sth September, 2014 shall have to· . take students only from the State:agencies and at fees chargeable for students in Government medical colleges as HIND CHARITABLE TRUST SHEKHAR HOSPITAL PVT. LTD. v. UNION OF INDIA& ORS.
stated above, regardless of their status or claim as Minority A Institutions or Deemed Universities.
W.P. (C\836/2014
Learned counsel for the petitioner seeks permission to withdraw the petitior:i. Permission i.s granted to withdraw the B same.
The Writ Petition is, accordingly, dismissed as withdrawn.
Rajendra Prasad
IAs disposed.