(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) This application has been filed for various prayers. During the pendency of this application, the applicant moved a draft amendment dated 8.2.2011 which was allowed on the same date. Through such amendment, applicant wanted to add certain averments in the application and make a corresponding prayer with respect to releasing the bank guarantee of Rs 7 crores given by the applicant in favour of Medical Council of India pursuant to orders dated 12.8.2009 and 22.4.2010 passed by this Court in Special Civil Application No.2621/2009 and connected matters.
Such bank guarantees were required to be provided in view of the fact that large number of students who were initially admitted in the medical college run by the applicant trust had to be provided coaching through a committee constituted under the orders of the Court. The applicant had to meet with the expenditure of such arrangement.
On 8.2.2012, we had made following order :
"Draft amendment is allowed.
Through this amendment, the applicant has prayed for discharge of the Bank guarantee of Rs.7 crores which the applicant was required to provide pursuant to the orders passed by this Court on 12th August 2009 and 22nd April 2010. Necessary averments are also added by way of amendment. Pending consideration of the prayers made in the Civil Application as it originally stood, we would like to examine the application for discharge of the bank guarantee. To enable the respondents to file affidavit in reply, if they so desire, S.O. to 15th February 2012."
Learned AGP today tenders an affidavit dated 22.2.2012 of one Dinesh Parmar, Under Secretary, Health and Welfare Department. MCI has not filed any affidavit in connection with the amendment granted on 8.2.2012.
Learned advocate for the applicant submitted that out of the students whose education had come under threat on account of de-recognition of the college, only handful of them still remain. Rest of them have passed out. They have also been granted MBBS degree. Many of them are pursuing higher course. He submitted that entire arrangement provided by this Court has worked out. It is therefore, submitted that only for meeting with expenditure of handful of remaining students, bank guarantee of Rs. 7 crores is no longer necessary. Same may be discharged.
State Government has though filed affidavit, it is not contended that there are any Government dues of the applicant which have remained unpaid. Learned AGP confirmed this aspect under instructions from Shri M.K. Krishti, Deputy Section Officer who is present before the Court. Likewise learned counsel Shri Ratvij M Bhatt appearing on behalf of the MCI also under instructions stated that there are no dues of MCI also. In fact despite order dated 8.2.2011, MCI has not filed any affidavit opposing this limited request of the applicant.
Under the circumstances, it would emerge that entire arrangement of formation of Committee to impart coaching to left out students of college of applicant trust whose recognition was withdrawn by MCI has satisfactorily worked itself out. Almost all students have completed their MBBS degree course and also have passed out. In all, total only 7 students in different years have failed to complete their course. For such few number of students it would not be necessary to withhold the bank guarantee of the applicant. Such bank guarantee is therefore, ordered to be discharged. This shall however, be subject to and only after an undertaking from the Managing Trustee of the applicant trust that any expenditure which may have to be incurred for training these remaining students shall be borne by the applicant. Such undertaking may be filed latest by 1.3.2012.
S.O.
to 16.3.2012.
(Akil Kureshi,J.) (C.L.
Soni,J.) (raghu) Top