VAIBHAV VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Realising the necessity to establish another medical college in the State of Himachal pradesh where only one medical college, known as Smt. Indira Gandhi Medical College, Shimla was functional, the State Government made an announcement in 1996 that one more medical college in District Kangra shall be set up to cater to the need of medical education for the students belonging to the State of himachal Pradesh. The proposed college was to be set up at Tanda. In July, 1996, the State government approached the Central Government for permission to start the medical college. The Medical Council of India, which is the competent authority to make recommendation to the Central Government in such matters, was not satisfied with the steps taken by the State Government to start the medical college at Tanda. Consequently, the Medical council of India pointed out the deficiencies and recommend the Central Government not to grant permission to start the medical college at Tanda. Consequently permission was not granted by the Central Government. The state of Himachal Pradesh questioned the order of the Central Government refusing permission to establish medical college at Tanda by filing writ petition No. 551 of 1997 in the h. P. High Court. On 9th January, 1998, the high Court allowed the writ petition filed by the State. Certain directions were issued by the high Court. Union of India was directed to accord permission to the State initially for one year to enable the medical college at Tanda to commence first year classes of MBBS course. Against the order made by the Division Bench of the High Court, two appeals came to be filed in this Court - one by the M. C. I, and the second by the U. O. I.

(2.) Both the appeals, i. e. C. A. No. 5045/ 98 and C. A. 5046/98 were disposed of on february 16, 2000. It transpires that deficiencies, which had been noticed by the M. C. I, had, in the meanwhile, been removed. The Medical council, therefore, permitted H. P. State to set up the medical colleges in the State and also granted permission to start first year M. B. B. S. classes. Dr. Rajendra Prasad Government Medical college, Tanda was set up with an intake capacity of 50 students on the basis of the permission granted by the U. O. I, in January, 1999. The appeals were disposed of with certain observations but we are not at present concerned with those observations in these cases.

(3.) Though Dr. Rajendra Prasad Government medical College was not even in existence in 1997, the State Government of himachal Pradesh, after having taken a decision to set up such a college but without waiting for getting permission from the Central government and the M. C. I, held a Combined pre Medical Test (CPMT) in 1997 for selecting students to fill 50 seats in Dr. Rajendra Prasad government Medical College, Tanda. Those students were expected to be admitted for the session 1997-98. Obviously, the students could not be admitted since there was no college. In the year 1998, no CPMT was held. The batch of students, who had qualified in the CPMT held in 1.997 for admission to the session 1997- 1998, kept waiting to be admitted. After permission was granted, in January, 1999, by the central Government and the M. C. I, for the college to start functioning, Session 1999-2000 commenced. CPMT was held in 1999 but the first batch of students who had qualified in the cpmt of 1997 were admitted to the first year mbbs for the Session 1999-2000 and not the students, who had qualified in the CPMT held in 1999. The 1999 CPMT batch candidates, therefore, could not be admitted for the session 1999-2000 because the 50 seats of the college stood filled up by the waiting students who had qualified in CPMT held in 1997. It was now the turn of the qualified students of 1999 CPMT to wait in the wings.