AGARWAL BHAVNA SURESH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this group of petitions, we are concerned with career of large number of medical students, who had taken admission in a private self finance medical college by the name Kesar Sal Medical College (here-in-after referred to as "the college"). Students who are before us belong to different batches of the medical course(M.B.B.S.) offered by the college. Due to several reasons after the students were granted admissions, the college could not sustain the institution. Its recognition has been canceled by the Medical Council of India("the MCI" for the short). The college is prohibited from granting fresh admissions in subsequent academic years. The teaching facility in the college also deteriorated. Fate of large number of bright students thus hung in balance. Without intervention of the Court perhaps, instead of obtaining M.B.B.S. degree, they would have had nothing further to show beyond passing 12th standard. All along we built an opinion that students were at no fault. We are therefore, of the opinion that for no fault of theirs, several young bright students should not meet with such a cruel fate. All through out, attempt of the Court therefore, was to ensure that in most equitable manner possible, the students should finish their studies of M.B.B.S. course and get a degree which would be recognized and they should also qualify for further studies in Post Graduation courses. To achieve this purpose, periodically several interim orders have been passed in these petitions. Before us we also have in form of precedence orders previously passed in similar situation. It is not necessary to refer to all such orders in this judgment. However, in line of such orders, we wish to provide for a formula which would apply to all these petitioners to see that the petitioners do not have to approach the Court time and time again at different stages of completion of the course by filing various applications because, we are anxious that medical students should be spending maximum time in their classes and pursuing their studies and not in the Court.

(2.) Brief factual parameters need to be noted at this stage :

(3.) Stand of College before us has been that the college has not become defunct and at-least for remaining batches, the college would be in a position to impart education. The stand of MCI has been that recognition of the college has not been renewed. There are serious lacune in running of the college. The State Government has also been heard through the learned Advocate General from time to time.