BABA MUNGIPA MEDICAL COLLEGE AND RESEARCH CENTRE STUDENTS GUARDIAN FORUMS AND ANR. versus GOVERNMENT OF TRIPURA AND ORS.

Citation: [1997] SUPP. 5 S.C.R. 1 · Decided: 03-11-1997 · Supreme Court of India · Bench: S.C. SEN, M. JAGANNADHA RAO · Disposal: Disposed off
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Judgment (excerpt)

BABA MUNGIPA MEDICAL COLLEGE AND 
RESEARCH CENTRE STUDENTS GUARDIAN FORUMS AND ANR. 
v. 
GOVERNMENT OF TRIPURA AND ORS. 
NOVEMBER 3, 1997 
[SUHAS C. SEN AND M. JAGANNADHA RAO, JJ.] 
Indian Medical Council Act, 1956 : 
A 
B 
Medical College-Recognition by University-Medical College C 
established by an Education Trust in State of Tripura-Permission sought 
from Central Government-As no action was taken by Central Government 
appellant initiated legal proceedings-Direction issued by this Court to 
Central Government to take expeditious steps-In the meantime Trust got 
provisional affiliation of College from University and also admitted students- D 
Application for grant of recognition-Inspection carried out by a team of 
Medical Council of India-Team noticed various deficiencies-Held until 
and unless the defects pointed out by the Medical Counc ii are removed there 
cannot be any question of granting recognition to the College-College 
authorities are entitled to cure the defects-Thereafter they may apply to 
Medical Council for a further Inspection-But on facts no direction can be E 
given to the Medical Council or Union of India for grant of recognition-
Admission of students to College before grant of recognition held a very 
irresponsible step-College directed not to admit students before grant of 
recognition. 
CIVIL APPELLATE JURISDICTION : Special Leave Petition F 
Nos. I 8168-68A of 1994. 
I.A. No. 5. 
IN 
From the Judgment and Order dated 16.5.94 of the Assam High Court G 
in C.R. No. I948 and 106of1993. 
I 
P.P. Tripathi, Y.P. Mahajan, Anil Katiyar, Maninder Singh, Ms. Lira 
Goswami, Ms. Ameeta V. Duggal, Rajiv Mehta, K.K. Gupta, Himinder Lal and 
V .K. Verma for the appearing parties. 
I 
H 
2 
SUPREME COURT REPORTS [1997) SUPP. 5 S.C.R. 
A 
The following Order of the court was delivered : 
Baba Mungipa Education Trust sought to establish a Medical College 
in Tripura. According to the trust, there was no Medical College in Tripura 
and the Trust tried to meet a long felt need in that State. It applied to the 
Central Government for permission to set up the College as required by the 
B Indian Medical Council Act, on 1.11.1994. No action was taken on this 
application. Aggrieved by the inaction of the Central Government, the trust 
took various legal proceedings. Ultimately by an order dated 21.7.1995, this 
Court directed the Central Government to take expeditious steps for processing 
of the application and disposing it of in accordance with law in consultation · 
C with the Medical Council of India. 
From time to time, this Court has given other directions. The Trust was 
successful in its effort to get a provisional affiliation of the College from the 
University. It has been stated on behalf of the Trust that they had set up the 
College and admitted students to the first year class. But after some time, 
D because of the inaction by the University and the Central Government, classes 
had to be suspended. It is not disputed that no classes have been held for 
several years now. 
The case of the Trust is that there is no reason not to grant recognition 
to this College. Some deficiencies in the facilities to be provided by the 
E College have been noted by the Medical Council of India. Those defects will 
be cured once the College gets recognition. If the College is not recognised 
by the Medical Council, the students who have already been admitted will be 
seriously prejudiced. It has been prayed on behalf of the students also that 
the Medical Council of India should be directed to grant recognition to the 
F College set up by the Trust. 
An inspection was carried out by the Medical Council on the direction 
given by this Court on 28th July, 1997. A copy of the Inspection Report has 
been filed in this Court. It appears from the Report that the said inspection 
was carried out by a team of doctors deputed by the Medical Council of India 
G on 23rd and 24th September, 1997. The Report noted various deficiencies in 
the College. It also noted that the College does not have a proper building 
and has not yet acquired the land to construct the building. On behalf of the 
College authorities, it has been stated that the land is expected to be given 
by the Government very soon and construction will start immediately. 
H 
We are of the view that until and unless the defects pointed out by the 
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B.M.MEDICALCOLL.AND RESEARCHCENTREv. STATEOFTRIPURA 
3 
Medical Council of India are removed, there cannot be an
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