ASHEESH PRATAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) 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 College run by the All India Children Care and 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 1st 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 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.

(2.) However, at this stage, it is pertinent to state that considering the fact that a large number students will be affected, this Court, in C.A. No. 3237/1999, gave the following directions by order dated 4-5-2001 :

(3.) Inasmuch as, by our judgment in C.A. No. 3237/1999 pronounced today, we have set aside the order made by the High Court holding that there is a deemed permission in favour of the respondent therein, and in the light of the order made by this Court on 4-5-2001 the said institution will have to be closed in the event of non-compliance of the directions issued by this Court, the career of the students is at jeopardy and this aspect cannot be seriously disputed. Learned counsel appearing for the Medical Council of India submitted that suitable arrangement could be made to accommodate these students in different medical colleges in the State of U.P. with the co-operation of the Government of U.P.