SIDHARTH SREEKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The captioned writ petitions are in relation to the alleged manner in which S.R. Medical College and Research Institute, Thiruvananthapuram is conducted, filed by the students of the college and, therefore, I heard them together and propose to deliver this common judgment. Facts and documents available from W.P.(C) No.38089 of 2018 are relied upon for the disposal of the writ petitions.

(2.) The 1st petitioner is a second year student of MBBS course in the 5th respondent Medical College run by a Trust, of which, 6th respondent is the Chairman. The 2nd petitioner is the father of the 1st petitioner, who is the President of the Parents Teachers Association (PTA) of the said college. The first batch of students for the MBBS course in the said college commenced during the academic year 2016-2017. According to the petitioners, in terms of the Medical Council of India (Establishment of Medical College) Regulations, 1999, an essentiality certificate issued by the State Government is a pre-requisite for the establishment of a Medical College. On the request of the 6th respondent, the State Government have issued Ext.P4 essentiality certificate for establishing the college also.

(3.) However, the 1st respondent competent authority as per Medical Council of India Act , did not give permission to establish the college, on the basis of the negative report of the inspection conducted in the college. Anyhow, the 6th respondent approached Justice Lodha Committee, a Committee appointed by the apex court to oversee the functioning of the Medical Council of India, and by virtue of the favourable order passed by the said Committee, the 6 th respondent established the college and admitted 100 students for the course in the academic year 2016-17. But the grant of permission by the Committee was subject to the condition that the S.R. Medical College shall comply with the norms prescribed by the Medical Council of India, in addition to submitting an affidavit affirming fulfilment of all the deficiencies pointed out in the report of the MCI as well as furnishing a bank guarantee to the tune of Rs.2 Crores in favour of MCI. It was also made clear by the Lodha Committee that default in compliance with the said conditions would result in the college being debarred from fresh intake of students for two years commencing from 2017-2018.