S T KRISHNAMOOTHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed in public interest seeking for a direction to the first respondent Union of India to verify and publish for the benefit of the students, the legal status (recognition/approval) of the Institutions and courses run by the respectfully 5 to 23, and cause publication of the mandatory disclosures cited in paragraph 8 of the affidavit and also to initiate appropriate action for non-compliance of the regulations/rules on the subject of technical, medical and para-medical education.

(2.) EXCEPTING for the fifth respondent, the respondents 6 to 23 were all granted the status of Deemed University by the second respondent University Grants Commission [for short, 'UGC'] in terms of Section 3 of the University Grants Commission Act, 1956 [for short, 'UGC Act'] and they are fully under the supervision and control of the second respondent. Therefore, we directed the writ petitioner to confine his petition only with reference to the prayer regarding the fifth respondent, which has been shown as Rajendra Medical College Hospital and Research Institute.

(3.) LEARNED counsel appearing for the petitioner readily conceded and we directed notice to be issued only to the fifth respondent apart from the other official respondents. The learned counsel also submitted that the fifth respondent is not at all a Medical College either recognised by the fourth respondent Medical Council of India [for short, 'MCI'] or by the first respondent Union of India. It is neither deemed University in terms of Section 3 of the UGC Act nor is it affiliated to any University in terms of the UGC Act. The learned counsel also drew the attention of this Court to a newspaper advertisement given by the fifth respondent in the "Daily Thanthi", which is a leading Tamil Newspaper dated 25.02.2006 as well as on 05.3.2006. The said two advertisements are reproduced below: Advertisement dated 25.02.2006 RAJENDRA MEDICAL COLLEGE HOSPITAL & RESEARCH INSTITUTE College : Oragadam Village, Mathur P.O. Kanchi Dt. - 602 105 Ph:0416 - 32003319, 32003480 Extension Medical School of SOUTHERN MEDICAL UNIVERSITY, GOVT. OF CHINA OPENING TODAY Admission MBBS Few Seats 2005-06 Only Eligibility : 12th grade minimum 50% Marks in Physics, Chemistry, Biology Course : 5 Years. 2 Years Clinical rotation in Southern Medical University - China Eligible to practice in India on Passing the MCI Screening Test. SMU is Listed in WHO World Directory of Medical Schools NO DONTIONS - ONLY FEES - Separate Hostel for Ladies & Gents --------------------------------------------------------------------------- -- Admin. Office:No.537, Poonamallee High Road, Arumbakkam, Chennai-600 106. INDIA. Ph: 044-24759172, 24754433, 42660063/64/65, Cell : 9444029172, 9884170777 ADVERTISEMENT IN DAILY THANTHI Dt.05.3.2006 RAJENDRA MEDICAL COLLEGE HOSPITAL & RESEARCH INSTITUTE College : Oragadam Village, Mathur P.O. Kanchi Dt.-602 105. Ph:0416 - 32003319, 32003480 Joint Co-operation with Medical School of SOUTHERN MEDICAL UNIVERSITY, GOVT. OF CHINA Southern Medical University Government of China Admission 2005-06 OW OPEN!| MBBS - No Donations - Pay only the fees - Few Seats Separate Hostel only for Ladies & Gents Eligibility: *Minimum.12th grade Admin. Office: No.537, Poonamallee High Road, Arumbakkam, Chennai-600 106. INDIA. Ph : 044-24759172, 24754433,42660063/64/65.Cell : 9444029172, 9884170777 *50% marks in Physics Chemistry, Biology Course: * Total 5 years. *2 years Clinical rotation in Southern Medical University China (SMU is listed in WHO's WORLD DIRECTORY OF MEDICAL SCHOOLS)