SOURABH BRALA AND OR versus UNION OF INDIA AND ORS.

Citation: [2018] 14 S.C.R. 901 · Decided: 06-12-2018 · Supreme Court of India · Bench: R.F. NARIMAN, M.R. SHAH · Disposal: Directions issued

Judgment (excerpt)

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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  –  MBBS
Course – Allegation of students of 1st year MBBS course that
respondent no. 5 College had not got its act in order – Students
sought transfer from respondent no. 5 College to any other college
in the State and be allowed to take examination after having
completed the first year of MBBS Course – Held: State Government
willing to take over medical students and respondent no. 5 College
with its infrastructure and assets so that it could meet both the
Medical Council of India’s norms and affiliate with the State Medical
University – Issuance of direction to the College to hand over the
land, building and all assets to the State Government, by next day –
On application being made by the State Government to the State
Medical University, the said University after making inspection
would proceed to take steps to grant affiliation to the respondent
no. 5 College and the Medical Council of India would grant
permission under the Medical Council of India Act – Henceforth,
the students who took the first year course could sit for the first
year 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. Pooja
Shrivastava, Tarun Gupta, Himanshu Sethi,  Jatinder Kumar Bhatia,
Ashutosh Kumar Sharma, Gaurav Sharma, Dhawal Mohan, Prateek
Bhatia, Prasanna Mohan, Amitabh Sinha, Chandra Bhushan Prasad, Vijay
Prakash, Ms. Prerna Priyadarshni, G. S. Makker, Varun Tankha, Siddharth
Sharma, Advs. for the appearing parties.
[2018] 14 S.C.R. 901
901
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902                    SUPREME COURT REPORTS            [2018] 14 S.C.R.
The following Order of the Court was passed :
O R D E R
1. The present Writ Petition has been filed by the students, who
were admitted to the first year MBBS Course in the Respondent No. 5
College.  Mr. Nidhesh Gupta, learned senior counsel appearing for the
petitioners, has informed us that the total number of students who were
admitted to the first year MBBS Course is 150.  Despite having been
taught for a period of 1 year, the petitioners have knocked at the doors
of this Court for the reason that the Respondent No. 5 College has not
got its act in order, as a result of which, they prayed that they be transferred
from Respondent No. 5 College to any other College in the State and be
allowed to take their examination after having completed the first year
of MBBS.
2. We have heard Mr. J.K. Sethi, learned Deputy Advocate
General of the State of Uttarakhand and Mr. Vikas Singh, learned senior
counsel appearing on behalf of the Medical Council of India.
3. After hearing the learned counsel for some time, Mr. Sethi
stated that he was instructed to make an offer before this Court which
the court considered to be fair.  Mr. Sethi states that the State Government
would be willing to take over the students and the Respondent No. 5
College itself, along with all its entire infrastructure and assets, movable
and immovable, so that it could then meet both the Medical Council of
India’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 Government
forthwith – to be completed latest by tomorrow, i.e., December 7, 2018.
This is only to allay an apprehension raised by Mr. Sethi that the
management of Respondent No. 5 College should not be given any time
to deal with the assets and/or infrastructure, as it exists, as of today.
5. On an application being made by the State Government to the
aforesaid University, the aforesaid University will, after taking an
inspection, as per its Statutes, proceed to take steps either to grant
affiliation or otherwise, within a period of four weeks from the date on
which the said application is made to it by the State Government.
Likewise, once the State Government sets up the necessary infrastructure
in terms of teaching staff etc., it will apply to the Medical Council of
India for its permission under Section 10A of the Medical Council of
India Act.
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