KAITHAR MEDICAL COLLEGE Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three Appeals preferred under Clause 10 of the Letters Patent arise from the common order dated 27th June, 2011 made by the learned single Judge pending the above C.W.J.C. No. 8262 of 2011* and other writ petitions. The subject matter of dispute is the admission to post graduate medical courses granted by the Katihar Medical College and Mata Gujri Memorial Medical College, Kishanganj (hereinafter cumulitatively referred to as 'the Colleges'). Both the aforesaid Colleges are admittedly nongovernment, non-grant-in-aid, minority colleges. According to the Colleges, they being minority, non-grant-in-aid colleges, they have exclusive right of governance and admission to medical courses. In exercise of the same they have granted admission to post graduate medical courses on the basis of the result of the Post Graduate Medical Entrance Test-2011 conducted by the Private Medical Colleges Association, Bihar (hereinafter referred to as 'the Association'). Such admissions were granted in the last week of April 2011.

(2.) The said admissions have been challenged by the private respondents, the qualified Doctors, seeking admission to post graduate medical courses pursuant to the result of the Post Graduate Medical Admission Test-2011 conducted by the Bihar Combined Entrance Competitive Examination Board, Government of Bihar (hereinafter referred to as 'the Examination Board'). According to the writ petitioners, they have successfully passed the aforesaid admission test conducted by the Examination Board. They have a right to admission to post graduate medical courses on 50% of the seats sanctioned by the Medical Council of India in the non-government, non-grant-in-aid medical colleges.

(3.) The learned single Judge has, after hearing the parties, pending the writ petitions held, "..... till Regulation-9 of Medical Council of India is declared to be unconstitutional the private medical college of India do not have a right to resist admission under 50% State quota which has been provided for in the year 2009." Consequently, the learned single Judge has directed the Colleges to refund the full fees to those students who have been admitted on 50% State quota. The Court further directed the Colleges, "to offer admission forthwith to all the petitioners who are before this Court up to 30th June 2011".