ARUN K KUMAR Vs. ABUBAKER

JUDGEMENT

(1.) Mr.S.S.Naganand, learned Senior counsel for Mr.Ajith A.Shetty, learned counsel for the petitioners.

(2.) Facts giving rise for filing of these writ petitions briefly stated are that in compliance of the directions issued by this Court dated 31.03.2016 in W.P.No.12540/2016, the University on 02.05.2016 conducted an enquiry and agreed in principle to affiliate the first course of MBBS for the academic year 2016-17 subject to permission granted by the Government. The Supreme Court by an order dated 02.05.2016 passed in 'MODERN DENTAL COLLEGE AND RESEARCH CENTRE AND ORS. VS. STATE OF MADHYA PRADESH AND ORS.', constituted a three member Oversight Committee to oversee the functioning of Medical Council Of India and also to ensure that widespread deficiencies in medical institutions across the country were removed. On 13.06.2016, the Oversight Committee decided to permit all the applicant colleges, which have not been afforded an opportunity to submit their compliance reports to the deficiencies pointed out by the Medical Council of India in the Inspection / verification reports for the academic year 2016-17, afresh to the Ministry of Health and Family Welfare on or before 22.06.2016. The State Government submitted the essentiality certificate prescribed in Form-2 of Medical Council of India establishment of Medical College Regulations, 1999 on 05.07.2016, in which it was stated that in case the college fails to create infrastructure to medical college as per Medical Council of India norms and fresh admissions are stopped by the Central Government, the State Government shall take over the responsibility of the students already admitted in the college with the permission of the Central Government. The respondent No.1 viz., Union of India on 26.09.2016 proceeded to approve intake of 150 students for the academic year 2016-17 subject to the conditions contained therein, which included rectification of various deficiencies, which were earlier found in the infrastructure of the college. Admittedly, the petitioners were admitted in the college as per their merit.

(3.) Admittedly, the college did not comply with the deficiencies as a result of which it was debarred from inducting students for academic sessions 2014-15, 2017-18, 2018-19 and 2018-19. The college however asserted that it has complied with the deficiencies and approached Supreme Court by filing W.P.No.850/2017 which was disposed of by the Supreme Court vide order dated 16.09.2017 directing Medical Council of India to conduct fresh instructions thereof and grant the college time to overcome the deficiencies, if any. The Medical Council of India on inspection found that the respondent No.6-College has failed to comply with the deficiencies and therefore, debarred the college from inducting students for academic 2017-18 and 2018-19. the University also debarred the college from admitting students for academic year 2017-18 and 2018-19. It is the case of the petitioners that the petitioners are hapless victims of glaring deficiencies in the infrastructure almost zero influx of patients in the hospital thereupon the parents of the petitioners submitted representation to the respondent. Thereupon explanation was sought on 03.08.2018 from the College to which college submitted a response on 09.08.2018. It has further been averred in the writ petition that the petitioners are forced to remain in college which are rendered defunct. In the aforesaid background, the petitioners have approached this court seeking the reliefs as stated supra.