ASHEESH PRATAP SINGH AND ORS. versus UNION OF INDIA & ORS.

Citation: [2002] 2 S.C.R. 360 · Decided: 11-03-2002 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Disposed off
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Judgment (excerpt)

A 
ASHEESH PRAT AP SINGH AND ORS. 
,._ 
v. 
UNION OF INDIA & ORS. 
MARCH 11, 2002 
B 
[S. RAJENDRA BABU AND RUMA PAL. JJ.] 
Education 
c 
Medical college-Lack of adequate facilities as per standards fixed in 
''""( 
the Establishment of New Medical colleges, Opening of Higher Courses of 
Study and Increase of Admission Capacity in Medical Colleges Regulation, 
1993-0rder of closure of the college-Held, students would be transferred 
to different college in view of the fact that their career would be affected 
The issue in the present Writ Petitions was whether the petitioners/ · 
.._ 
D students w~o got admission in a medical college were to be transferred to other 
medical colleges after the medical college was closed because of non-
compliance of standards-as per The Establishment of New Medical Colleges, -
Opening of Higher Courses of study and Increase of Admission Capacity in 
r-
Medical Colleges Regulation, 1993. 
E 
This Court in another case had ordered on 4.5.2001 for inspection of 
the college by Medical Council of Iridia with reference to deficiencies as per 
standards fixed in the .1993 Regulations. The Court had also made it clear 
that ifthe college did not come up to ~he standards, the Court would consider 
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the closing of the college and pass order for absorption of the students in other 
F colleges. 
I 
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Disposing of the petitions, the Court 
HELD: In the light of the ·order made by this Court on 4.5.2001 the 
institution will have to be closed on account of non-compliance of the directions 
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G issued by this Court. However, since the career of the students is at jeopardy, 
"' 
in the interest of justice, the Medical Council of India and the concerned 
Directorate of Medical Education or any other competent authority in the 
State of U.P., who has the power to transfer the students from one institution. 
to another, on appropriate application being made by the concerned 
H 
petitioners, shall initiate all the necessary steps to accommodate them in 
360 
)-
ASHESH PRA TAP SINGH v. U.0.1. [RAJENDRA BABU, J.] 
361 
different colleges in the State of U.P. [362-C-D; 362-F-G) 
A 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 8 of 
2001. 
. 
(Under Article 32 of the Constitution of India.) 
WITH 
B 
W.P. (C) No. 76 of 2001. 
Tripurary Ray and Vishwajit Singh for the Petitioners. 
Tapash Chandra Ray, A. Mariarputham, Maninder Singh, Raj Kumar 
Gupta, Sheo Kumar Gupta and A.N. Bardiyar for the Respondents. 
C 
The Judgment of the Court was delivered by 
RAJENDRA BABU, J. Writ Petitioners [32 in all] in these petitions 
qualified themselves in the CPMT Examination held in June 1998 for 
admission to medical colleges in the State of U.P. They were called by the 
respondents for counselling for the MBBS seats available in Azamgarh Medical D 
College run by the All India Children Care & Educational Development 
Society, respondent in C.A.No.3237/1999. They deposited the necessary fees 
and started attending the classes from July 12, 1999 and the lst Professional 
examination was held in May 2000 and all of them have cleared their first 
professional. When they came to join the 2nd professional course, they found E 
that there were neither lab facilities nor sufficient teachers for teaching and 
conducting the course and practical classes for the 2nd professional. However, 
on the assurances given to them at a parent-management meeting held on 
25.7.2000 about providing adequate facilities, they joined the course. 
However, at this stage, it is pertinent to state that considering the fact F 
that a large number of students will be affected, this Court, in C.A. 
No. 3237/1999, gave the following directions by order dated 4.5.2001: 
"Having perused the statements furnished by the College and the 
Medical Council of India and also the letter of the Director General 
of the Medical College of the State of U.P. in regard to compliance G 
of requirements of I 993 Regulations, we are of the opinion that it 
would be just and appropriate to permit the College to start after 
making due arrangements, imparting institution to the existing students 
who have passed !st year of the MBBS course within two weeks 
from today. The College shall be inspected by the Medical Council 
of India with reference to the deficiencies pointed out as per the H 
A 
B 
c 
362 
SUPREME COURT REPORTS 
[2002) 2 S.C.R. 
standards fixed in 1993 Regulations in the first week of August 2001 
after due notice to the applicant-respondent Col
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