STATE OF JHARKHAND Vs. HARSH SINGH

JUDGEMENT

(1.) THIS appeal under Clause 10 of the letters Patent filed by the State of Jharkhand is directed against the judgment dated 5.2.2002 passed by learned single Judge of this Court in W.P. (C) No. 196 of 2002 whereby, after quashing the communication dated 3rd December, 2001 issued by the Commissioner -cum - Secretary, Medical Education and Research Department, Government of Jharkhand, the learned single Judge issued a mandamus directing the appellant to admit the respondent No. 1 -writ petitioner in MBBS course in the Patliputra Medical College at Dhanbad. The communication dated 3rd December, 2001 (impugned in the writ application) was in response to a letter dated 7th November, 2001 from the Chief of Medical Services, Bharat Coking Coal Ltd. (BCCL). It should, therefore, be advantageous to reproduce both the aforesaid commutations for ready reference. The letter dated 7.11.2001 from Chief of Medical Services, BCCL reads thus : - -

(2.) THE case of the parties "is very simple. Patliputra Medical College initially did not have any hospital attached to it. BCCL, a subsidiary of Coal India Limited had its own hospital at Dhanbad called as the Central Hospital. Because it was a mandatory requirement under the rules of the Medical Council of India that a medical college must have hospital of a prescribed bed strength attached to itself for clinical teaching and training of the students Patliputra Medical College (PMC) entered into an agreement with BCCL whereby BCCL agreed to provide the facility of the use of its hospital for clinical teaching and training of students of the PMC. This agreement was executed on 28th April, 1988. Just two paras of this agreement are relevant for our purpose. These reads thus : - -

(3.) SINCE the Government of Jharkhand knew that there was no subsisting agreement between itself and BCCL, there was no question of granting any admission to any student in BCCL quota. In any event, there was no sponsorship of any student from BCCL. It is in the aforesaid background that the learned single Judge while allowing the writ application issued a mandamus granting admission to the writ petitioner.