PRABHAT KUMAR NOTA Vs. SUPERINTENDENT OF POLICE BHUBANESWAR

JUDGEMENT

(1.) The petitioner is an advocate who has filed this writ petition by way of public interest litigation. He has alleged that a number of fake institutions in the name of imparting medical education and training have sprung up at Bhubaneswar. According to the petitioner those institutions are unauthorised, unapproved and award fake degrees, diplomas and certificates which have no value. All those institutions have come into being solely for the purpose of making money by inducing and alluring innocent students who easily fall prey to the bait because of unemployment. The petitioner has named three such institutions which are arrayed as opposite parties 2(a), 2(b) and 2(c). They are : 1. The State Institute of Medical Science and Technology-cum-Hospital, C/110 (HIC), Baramunda Housing Colony, Bhubaneswar;

(2.) The Institute of Medical Technology, C / 25, BOA Palasapalli, Bhubaneswar; and

(3.) Bhave Institute of Medical Technology, CRP Square, Bhubaneswar. Notice being issued to the opposite parties, counter-affidavit has been filed on behalf of the Director of Medical Education and Training, Orissa (D.M.E.T. in brief) and the State of Orissa represented by its Secretary in the Health and Family Welfare Department (opposite parties 5 and 6). Opposite party No. 2(b) i.e. the Institute of Medical Technology. Palasapalli, Bhubaneswar has filed its counter-affidavit. The Director General of Police. Orissa and the Secretary, Home Department who are opposite parties 3 and 4 have not chosen to file any affidavit on their behalf. Similarly the other two institutions, i.e. opposite parties 2(a) and 2(c) have also not filed any counter-affidavit in the case.In the counter-affidavit filed on behalf of the D.M.E.T. and the Secretary, Health and family welfare Department of the Government, it has been stated that the three named institution, have not been recognised by the State Government. In the counter-affidavit, it has further been stated that the State Government have no power or authority to restrain any private body from establishing any medical institutions and seize the certificates issued by them or to take any action against them for establishing such institutions. It has no doubt issued Press Notes, Annexures-A 6 and B 6, warning the students against the take institutions and the Superintendent of Police, Bhubaneswar was requested in Government letter dated 28-8-1993, Annexure-C 6, to take appropriate action against the unrecognised medical institutions.