ASHEESH PRATAP SINGH AND ORS. versus M. SACHDEVAND ORS.

Citation: [2002] SUPP. 5 S.C.R. 552 · Decided: 19-12-2002 · Supreme Court of India · Bench: S. RAJENDRA BABU, P. VENKATARAMA REDDI · Disposal: Directions issued
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Judgment (excerpt)

A 
ASHEESH PRATAP SINGH AND ORS. 
v. 
M. SAC HD EV A AND ORS. 
DECEMBER 19, 2002 
B 
(S. RAJENDRA BABU AND P. VENKATARAMA REDDI, JJ.l 
~edical Council of India Act, 1956 · 
S. JO-A-Admission to MBBS Course-Candidates qualified in CPMT 
C and for admission allocated to Azamgarh Medical College-After passing 
first professional' examination, while they· were to be admitted to second 
professional course, the College was found deficient in infrastructure and 
closed-Directions given by Supreme Court to Medical Council of India and 
Director General of Medical Education of U.P, to accommodate the. students 
D in second professional course in various Medical Colleges of U. P. as suggested 
by Directorate General of Medical Ed11cation of U.P.-However, both the 
authorities failed to work out an appropriate so/11tion and Medical Council 
of India pointed out that in view of mandatory provisions of s. JO-A no 
medical College can make admission over and above its ann11al intake 
capacity and the existing seats were already full-Held, the students wo11/d 
E be provided seats in different Colleges which would be adjusted over the lime 
by reducing the intake in the next years so that the over all strength of the 
Colleges does not get enhanced and the infrastructure is available to all the 
students within the intake allocated to ·the Colleges. 
F 
State of Punjab v. Renuka Singh/a, 1199411SCC175, cited. 
CIVIL ORIGINAL JURISDICTION: Contempt Petition Civil No. 344 
of2002. 
IN 
G 
Writ Petition Civil No. 8/2001. 
H 
(Under Article 32 of the Constitution of India.) 
WITH 
Contempt Petition No. 431/2002 In W.P.(C) No. 76/200 I. 
552 
A.P. SINGHv. M. SACHDEVA 
553 
Gopid Subramanium, Vishwajit Singh and Chanchal Kumar Ganguli for A 
the petitioners. 
R.N. Trivedi, Additional Soliciter General, Harish N. Salve, R.C. Verma, 
Mukesh Verma, Abhishek Atrey, Ashwani Bhardwaj, S.P. Sharma, Maninder 
Singh, Ms. Pratibha M. Singh, Angad Chopra and Ankur Talwar, for the 
Respondents. 
B 
The following Order of the Court was delivered : 
32 writ petitions had been filed before this Court by the students who 
had qualified themselves in the CPMT examination held in June 1998 for 
admissions to medical colleges in the State of U.P. and they were called for C 
counselling for the MBBS seats available in Azamgarh Medical College run 
by the All India Children Care and Education Development Society. They 
deposited the necessary fees and started attending the classes from July 12, 
1999 and the 1st Professional examination was held in May 2000 and all of 
them have cleared their first professional. When they came to join the 2nd D 
professional course, certain deficiencies in the College were noticed by the 
Medical Council of India [for short 'MC') and, as direeted by this Court by 
an order made on 4.5.2002 in Civil Appeal arising out of an order made by 
the High Court, the said College came to be closed. In those circumstances, 
this Court directed the MCI and the Directorate General of Medical Education 
to accommodate the students who had been admitted in this College in E 
appropriate institutions. 
Now a complaint is made before us that neither the MCI nor the 
Directorate General of Medical Education have taken the necessary follow up 
steps to give effect to our order. 
· 
It is clear that these students had passed their entrance examination and 
they have been allocated seats after counselling in the said College which is 
now closed. It is in those circumstaoces that we made the order in question, 
which is complained not to have been implemented. 
F 
The Directorate General of Medical Education took the stand that the G 
complainants before us have been studying in the second professional after 
passing the first professional and, therefore, they have got to be accommodated 
in the second professional in other colleges. The MCI had indicated in their 
letter dated 3.4.2002 that the Migration Sub-Committee will consider the transfer 
of students and that the applicants were required to complete the application H 
554 
SUPREME COURT REPORTS (2002) SUPP. 5 S.C.R. 
A fonn. as per the draft application and the regulations of MCI and to send the 
same to the MCI. Certain colleges reported that· there were seats vacant in 
those colleges and the Directorate General of Medical Education proposed 
that the students be accommodated as follows: 
B 
c 
D 
E 
F 
G 
" ............ All the students shall be considered for accommodation 
in the av
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