(Uday Umesh Lalit and Deepak Gupta, JJ.)
Item No.6:
The State of Bihar __________________________________ Petitioner
v.
Medical Council of India & Anr. ___________________ Respondent(s)
Writ Petition(s) (Civil) No(s). 634/2018, decided on June 14, 2018
With
W.P.(C) No. 662/2018 (For Admission and IA No. 82473/2018-Stay Application) With Item No. 11: Writ Petition(s) (Civil) No. 683/2018 With Item No. 16: Writ Petition(s) (Civil) No. 682/2018
The Order of the court was delivered by
Order
1. Writ Petition (C) No. 634 of 2018 is filed at the instance of State of Bihar against refusal of grant of permission to 3 medical Colleges run by the State.
2. We had issued notice on 12.6.2018 and requested Mr. Maninder Singh, ASG to appear on behalf of Union of India.
3. Similar petitions have been filed in respect of the Medical Colleges run by respective State Government in Uttar Pradesh (W.P. No. 683/2018) and Jharkhand (W.P. (C) No. 682/2018).
4. We issue notice in matters coming from Uttar Pradesh and Jharkhand.
5. The letters of permission in respect of Medical Colleges run by the concerned State Government have special significance inasmuch as seats in Government Medical Colleges go purely on merit and at nominal fees. Any refusal of letter of permission is bound to reflect in reduction of seats available to meritorious candidates. However, at the same time, the adherence to the requirement of having requisite faculty, facility and infrastructure as laid down by the MCI from time to time must be scrupulously observed.
6. We, therefore, deem it appropriate to direct these 3 state governments to put on affidavit:
(i) the nature of deficiencies which have been pointed out by the MCI;
(ii) The responses of the state government in case any of those deficiencies have been rectified or stand rectified as of now.
(iii) As regards those deficiencies which still continue, a clear cut indication of time line within which those deficiencies will be rectified by the respective state governments.
(iv) The outlay of capital which will be required for removing such deficiencies and the provision made in that behalf.
(v) The responsibilities to be shouldered by the Principal Secretary, In-charge, Medical Education as well as Chief Secretary and requisite undertaking in that behalf to be submitted to this Court.
7. The affidavits shall be filed by Monday, i.e. 18.6.2018.
8. We understand that the counselling in respect of admissions to 1st MBBS course would begin from 19.6.2018 and if the seats in Government Medical Colleges are not available by then, that will definitely work to the prejudice of the concerned candidates. We would, therefore, direct the MCI and the Central Government to come out with any suggestions/solutions wherein the colleges run by State Governments could be allowed to function/made an exception. The inputs from MCI and Central Government would be of importance in a matter such as this. We, therefore, direct both Central Government and MCI to put in their responses by Monday, 18.6.2018. Let these matters be listed before the vacation bench on 18.6.2018.
9. A copy of the undertakings/affidavits be filed by the respective State Governments as well as response/solutions to be offered by the Central Government and the MCI shall be kept ready and tendered across the Bar on Monday, i.e. 18.6.2018.
W.P.(C) NO. 662/2018:
10. We have heard Mr. Huzefa Ahmadi, learned senior counsel appearing for the petitioner and the learned Additional Solicitor General for Union of India and Medical Council of India.
11. After considering the issue involved and the peculiar circumstances, the learned Additional Solicitor General fairly submitted that the matter is eminently fit to be resolved by Central Government and the MCI. We record the statement and appreciate the fairness. We would request both the authorities to bestow attention and consideration as early as possible so that the matter can be sorted out. List the matter immediately on reopening on 2.7.2018.
12. In so far as 60 seats are concerned, as the college is recognized, in our view, there is no impediment in going ahead with the process of admission in respect thereto. We understand that the counselling in respect of 1st MBBS seats will begin from 19.6.2018 and those 60 seats can certainly form part of the counselling process.
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