RAJAN PUROHIT Vs. RAJASTHAN UNIVERSITY OF HEALTH SCIENCE

JUDGEMENT

(1.) These are appeals by way of special leave under Article 136 of the Constitution of India against the common order and judgment dated 03.09.2009 of the Division Bench of the Rajasthan High Court, Jaipur Bench, in Special Appeal Nos.241 of 2009 and 386 of 2009. FACTS

(2.) The facts very briefly are that the Secretary, Medical Education, Government of Rajasthan, held a meeting on 04.12.2007 for the purpose of conducting a common entrance test for admission to the Medical and Dental Colleges in the State of Rajasthan for the academic year 2008-2009. Besides the Secretary, Medical Education, Government of Rajasthan, the Registrar, Rajasthan Medical University of Health Sciences, Jaipur, Professor Anatomy of Medical College, Jaipur, Special Officer, Technical Education Department, Government of Rajasthan, representative from the Federation of Private Medical and Dental Colleges of Rajasthan, Jaipur, Managing Director, Geetanjali Medical College, Udaipur, Managing Director, National Institute of Medical Sciences, Jaipur, were also present in the meeting. Geetanjali Medical College and Hospital (for short 'the College') was yet to receive its permission from the Government of India and affiliation from the Rajasthan University of Medical Sciences and on 12.12.2007, the Chairman and Managing Trustee of the Geetanjali Foundation Shri Jagdish Prasad Agarwal gave a written undertaking that the College will admit the students to the MBBS course only after getting permission from the Government of India and after getting affiliation from the Rajasthan University of Medical Sciences. Another meeting for the aforesaid purpose was held under the Chairmanship of the Secretary, Medical Education on 15.12.2007 and at this meeting it was decided that students will be made available for 85% of the seats in the medical colleges in the State of Rajasthan through the Rajasthan Pre-Medical Test 2008 (for short the 'RPMT-2008), and the remaining 15% seats of the colleges will constitute NRI quota which will be filled by the colleges. The representative of the College did not participate in the meeting on the ground that inspection of the College by the Medical Council of India (for short 'MCI') was going on. The Director of the College in his letter dated 18.12.2007 to the Secretary, Medical Education, Government of Rajasthan, while expressing his inability to attend the meeting on 15.12.2007, explained that the College cannot participate in the admission procedure and cannot give consent for taking the students from the RPMT-2008 till the College received the clearances from the MCI. Thereafter, the inspection report in respect of the College was considered by the Executive Committee of the MCI on 12.05.2008 and the MCI decided to recommend to the Government of India to issue the permission letter for establishment of the College with an annual intake of 150 students for the academic year 2008-2009. The Government of India, Ministry of Health and Family Welfare, however, took a decision not to grant permission for establishment of the College for the academic year 2008-2009 and communicated this decision in its letter dated 04.08.2008 to the Chairman and Managing Trustee of the Geetanjali Foundation.

(3.) Aggrieved, the College filed Writ Petition (C) No.357 of 2008 before this Court under Article 32 of the Constitution of India and on 03.09.2008 this Court disposed of the writ petition after recording the statement of the learned Additional Solicitor General that the revised orders will be passed by the Government of India within a week in respect of the College. In the order dated 03.09.2008 disposing of the writ petition of the College, this Court further observed that the College may complete the admissions by 30.09.2008 in accordance with the rules and procedure laid down for the purpose of admissions. The Government of India, Ministry of Health and Family Welfare, then issued a permission letter dated 16.09.2008 for establishment of the College with an annual intake capacity of 150 students with prospective effect from the academic year 2008-2009 under Section 10A of the Indian Medical Council Act, 1956. In this permission letter dated 16.09.2008, it was inter alia stipulated that the admission process for the academic year 2008-2009 has to be completed by the College within the time schedule indicated in the Regulations on Graduate Medical Education, 1997 made by the MCI.