IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE W.P.Nos.4557-4561/2019 & 5482-5486/2019 C/W W.P.Nos.1885-1965/2019, W.P.Nos.2907-2926/2019, W.P.Nos.4562-4566/2019 & 5389-5390/2019 AND W.P.Nos.10342-10343/2019 (EDN-RES) W.P.Nos.4557-4561/2019 & 5482-5486/2019 BETWEEN:
1. ARUN K KUMAR S/O ANIK KUMAR KALLOLIL (H), ANTHINADU P.O ANTHINADU, KOTTAYAM KERALA-686651 2. KATIKA SOHAIL D/O K SOFI RAZAAQ NO.7/115, SIDDAPPA PALEM STREET KOSIGI MANDAL, KURNOOL DISTRICT ANDHRA PRADESH-518312 3. ROOP SHIKHA JAISWAL D/O UDAY KUMAR JAISWAL AGED ABOUT 20 YEARS HOUSE NO.365, BLOCK VI ASHA PUSHP VIHAR SECTOR-14, KAUSHAMBI GHAZIABAD, UTTAR PRADESH-201010 4. NAJID KADAK KADAN S/O MUSTHAFA KADAKKADAN KADAKKADAN HOUSE KOTTAKKAL, MALAPPURAM KERALA-676501 5. SMITHA N D/O B NAGARAJ HOUSE NO.13, MEERASABHEEHALLI CHALLAKERE TALUK 577522 CHIDRADURGA DISTRICT 6. SURIYA S KUMAR S/O SREEKUMAR AGED ABOUT 20 YEARS VILLA NO.101, AISHWARYA HOMES EMERALD MEDOWS , KARUMOM TRIVANDRUM-695002, KERALA 7. V N VISHNU S/O V NAGENDRA PRASAD AGED ABOUT 20 YEARS 2/373/1, 3RD ROAD, 4TH CROSS NEW TOWN, ANANTHPURA ANDHRA PRADESH-515001 8. A PAVAN KRISHNA S/O PURUSHOTTAM NAIDU AGED ABOUT 20 YEARS 2-1109, SBI COLONY , 2ND STREET CHITTOR, ANDHRA PRADESH-517001 9. KIRTHI C S S/O SRIKANTHA C .N AGED ABOUT 20 YEARS 90/1, OLD POST OFFICE ROAD THYAGARAJANAGAR, 2ND BLOCK BANGALORE-560028 10. SUHANI A R D/O RUKMAYYA GOWDA AGED ABOUT 20 YEARS ADINIJA HOUSE, KANIYOOR POST AND VILLAGE BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT-574217 KARNATAKA.
… PETITIONERS (BY MR. S.S. NAGANAND, SENIOR ADVOCATE FOR MR. AJITH A. SHETTY, ADV.) AND:
1. UNION OF INDIA BY MINISTRY OF HEALTH AND FAMILY WELFARE 7-B MOTI LAL NEHRU MARG, NEW DELHI BY ITS SECRETARY-110011.
2. MEDICAL COUNCIL OF INDIA POCKET-14, SECTOR-8 DWARKA PHASE-1 NEW DELHI-110077, INDIA BY ITS REGISTRAR/SECRETARY 3. STATE OF KARNATAKA BY THE DEPARTMENT OF MEDICAL EDUCATION DIRETORATE OF MEDICAL EDUCATION ANAND RAO CIRCLE, BANGALORE-560009 KARNATAKA, INDIA BY PRINCIPAL SECRETARY 4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, 4TH T BLOCK EAST PATTABHIRAMA NAGAR, JAYANAGAR BENGALURU, KARNATAKA 560041 BY ITS REGISTRAR 5. SAMBHRAM INSTITUTE OF MEDICAL SCIENCES AND RESEARCH D.K.PLANTATION, BEML NAGAR KOLAR GOLD FIELDS, KARNATAKA-563115 BY ITS SECRETARY.
… RESPONDENTS (BY MR. H. MALLAN GOUD, CGC FOR R1 MR. N. KHETTY, ADV., FOR R2 MR. R. NATARAJ, ADDL. ADVOCATE GENERAL FOR MR. V. SHIVAREDDY, HCGP FOR R3 MR. N.K. RAMESH, ADV., FOR R4 MR. K. DIWAKARA, ADV., FOR R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 TO 4 TO DECLARE THE R-5 AS A DEFUNCT INSTITUTION. DIRECT R-4 UNIVERSITY TO SHIFT/RELOCATE THE PETITIONERS HEREIN TO OTHER INSTITUTIONS RECOGNIZED BY R-2 AND 4, OFFERING VALID DEGREE IN MEDICAL SCIENCES/MEDICINE WITHIN THE STATE OF KARNATAKA FROM THE CURRENT ACADEMIC YEAR VIZ., 2018-19 & ETC.
W.P.Nos.1885-1965/2019 BETWEEN 1. ABHISHEK BAVALATTI S/O VENKAPPA BAVALATTI AGED ABOUT 20 YEARS RESIDING AT V G BAVALATTI PROGRAMME EXECUTIVE ALL INDIA RADIO, RAICHUR-584103.
2. NANDEESH D G S/O SURESH D G AGED ABOUT 20 YEARS RESIDING AT #385, J H PATEL BADAVANE A BLOCK, NAGNUR ROAD DAVANAGERE-577004.
3. ANUPKUMAR L NAIK S/O LAXMIKANTH N NAIK AGED ABOUT 20 YEARS RESIDING AT VANASUMA NILAYA KHB COLONY, PRABHATHNAGAR HONNAVAR (UK) 581334.
4. SRINIVAS VAGDALE S/O MALLIKARJUN AGED ABOUT 20 YEARS, RESIDING AT HOUSE NO. 9-6-33/1 "SAI SADAN" HANUMAN NAGAR VIDYANAGAR, BIDAR-585403.
5. R REVATHI D/O R. RAVEENDRANATHA REDDY AGED ABOUT 21 YEARS RESIDIGN AT H.NO:46-1-MH-3A, MARUTHI HOMES JOHARAPURAM ROAD, A-CAMP, KURNOOL-518002.
6. M DIVYA D/O MORTHALA PRABHAKAR AGED ABOUT 19 YERAS RESIDING AT HOUSE NO.6-2-2-5/3 BEHIND RAVALI NURSING HOME HYDERAQBAD ROAD, BALAJINAGAR, JANGAON DISTRICT-JANGAON, STATE-TELANGANA.
7. SUSHMITHA S D/O SUDHAKAR S V AGED ABOUT 21 YEARS D/O SUDHAKAR S V RESIDING AT LCC BUILDING, 3RD CROSS KUVEMPU NAGAR, KOLAR-563101.
8. RIFATH UZMA S D/O SARTAJSABI AGED ABOUT 20 YEARS R/AT MILATH CIRCLE, KOLAR.
9. SHILPASHRI D/O MR. MOHAN KRISHNA AGED ABOUT 20 YEARS R/AT 14/65 JAI SHANKAR COLONY HOSUR, TAMILNADU-635 109 10. SHAFAQ NASEEM S/O MOHD. NASEEM KHAN AGED ABOUT 20 YEARS R/AT 301, ABBASI UNIVERSAL COMPLEX OPP-REGISTRAR OFFICE, QAISERBAGH LUCKNOW-226001, UP 11. NAMITHA P V D/O P V SASIMOHAN AGED ABOUT 20 YEARS R/AT PATTUVAKKARAN HOUSE, KILIYALAM (PO) NILESHWAR (VIA), KASARGOD DISTRICT, KERALA 12. ZEBA KARNACHI D/O MOHAMMAD SHAFI KARNACHI AGED ABOUT 20 YEARS R/AT #454, LIG, KHB COLONY UDAYGIRI, SATTUR, DHARWAD-580009.
13. SRISHTI BAGALKOTI D/O SIDDAPPA BAGALKOTI AGED ABOUT 21 YEARS R/AT PLOT NO.61 MATA PITRU KRUPA KIADB LAYOUT, HALYAL ROAD NEAR ASHOK GARDEN, DHARWAD-580003 14. AKSHARA U KARTHA D/O UPENDRAN KARTHA .G AGED ABOUT 20 YEARS R/AT THOLALIL HOUSE, SRA 22 SASTHAMANGALAM ROAD PERUMBAVOOR, P.O. ERNAKULAM DISTRICT KERALA683542 15. KSHAMA DIXIT D/O LALITHA DIXIT AGED ABOUT 20 YEARS RESIDING AT NO.28/39 19TH MAIN M C LAYOUT VIJAYANAGAR BANGALORE-560040 16. VIBHA N D/O NAGESH PUTTAIAH AGED ABOUT 20 YEARS DEVELOPMENT OFFICER LIC OF INDIA, SOMWARPET-571236 KODAGU DIST 17. G DHYEYA D/O G L NAIK AGED ABOUT 21 YEARS RESIDING AT DHANVI KADLE POST, HOLANAGADDE KUMTA TALUK, UTTARA KANNADA 18. T P SONAL D/O T R PRASHANTH AGED ABOUT 20 YEARS RESIDING AT KUNIGAL-572130 19. ARPITA PATIL D/O H SHIVA PRASANNA KUMAR AGED ABOUT 20 YEARS RESIDING AT DOOR NO. 329 GS KRUPA TALUR ROAD PARVATI NAGAR BELLARY -583 103 20. PRIYA R D/O R S HULAMANI AGED ABOUT 20 YEARS RESIDING AT SECTOR NO.63A PLATE NO.99, BRINDAVANA COLONY NEAR SATYABHUDARAYANA TEMPLE BAGALKOT-587 103 21. BHOOMIKA B N D/O NAGENDRA AGED ABOUT 20 YEARS RESIDING AT RAMESHWARANILAYA VIJAYANAGAR 1ST CROSS HASSAN 22. GOURI PATIL D/O MALLIKARJUNAREDDY PATIL AGED ABOUT 20 YEARS, RESIDING AT FLAT NO.107 2ND FLOOR PALM MEADOWS APARTMENTS AMCO LAYOUT KODIGEHALLI ROAD, BANGALORE-560092 23. SADYOJATA BHAVANI D/O A S ARAVIND AGED ABOUT 20 YEARS, RESIDING AT # 103 RADHIKA 24TH CROSS 3RD BLOCK EAST JAYANAGAR BANGALORE-560001 24. SNEHA KABADE D/O SHASHIKANT KABADE AGED ABOUT 20 YEARS, RESIDING AT CHANNABASAVESHAVAR COLONY BEHIND KALIDAS HIGH SCHOOL, ATHANI ROAD, BIJAPUR-586 101 25. RAKSHITHA G S D/O SHIVAPPA M G AGED ABOUT 20 YEARS, RESIDING AT SARASWATHINAGAR B BLOCK, DAVANAGERE-577 004 26. SUSHMITHA V D/O VENKATA NARAYANA AGED ABOUT 20 YEARS, RESIDING AT# 6 SHRI SIDDHI GROUND FLOOR 8TH MAIN ROAD, BALAJI LAYOUT, TATA NAGAR KODIGEHALLI -560092 27. N D POORNAJITA D/O E NATARAJAN AGED ABOUT 21 YEARS, RESIDING AT FLAT NO.1D HVS HOMES-4 16TH CROSS MALLESHWARAM BANGALORE-55 28. SAHANA D/O CHANDRSHEKAR SULTANPUR AGED ABOUT 20 YEARS, RESIDING AT # 255 9TH CROSS BAPUJI LAYOUT CHANDRA LAYOUT BANGALORE 29. MOULYA V SHETTY D/O VIJAY KUMAR SHETTY AGED ABOUT 21 YEARS, RESIDING AT OM SHREE DHAMA # 23 KPA BLOCK CHANDRALAYOUT VIJAYANAGAR BANGALORE-560040 30. YASHA BABU POOJARY D/O BABU POOJARY AGED ABOUT 21 YEARS, RESIDING AT ROOM NO.01 BUILDING NO.3, HIMDHARA CO-OP HOUSING SOCIETY LTD., SECTOR-7 SHREENAGAR WAGLE ESTATE THANE-400 604 31. P AMITHA REDDY D/O CHADNRA SEKAR REDDY AGED ABOUT 20 YEARS, RESIDING AT SECOND FLOOR BAIRAGIPATTEDA TIRUPATI ANDHRA PRADESH-517501 32. DADABEE H D/O SHAIK SHAVALI H AGED ABOUT 20 YEARS, RESIDING AT S/O CHANDASAB H 6TH WARD MANSUR MAZID NEAR TEKKALAKOTE-583122 SIRUGUPPA (TQ) BELLARY (DISTRICT) 33. K AKARSHA D/O KOLGANI SRINIVAS AGED ABOUT 21 YEARS, RESIDING AT 7-6-184, KAPUWADA HANMAKONDA DIST WARRANGAL TELANGANA-506 001 34. PRIYA ASHOK D/O ASHOK KUMAR PILLAI AGED ABOUT 20 YEARS RESIDING AT FLAT NO 301, ROCK HEIGHTS 13TH CROSS, KAGGADASAPURA C V RAMAN NAGAR BANGALORE - 93 35. LINNY WILSON D/O WILSON MOLEYIL POWLOUS AGED ABOUT 20 YEARS RESIDING AT NO 79 , 3RD MAIN 3RD CROSS, M P M LAYOUT NAGARABHAVI 2NDS TAGE BANGALORE 56 36. SUSHMA J AYLI D/O JAMBANNA S AYLI AGED ABOUT 21 YEARS, RESIDING AT JAYANAGAR 2ND STAGE, 1ST CROSS, GANGAVATHI KOPPAL DISTRICT - 583227 37. ANAGHA P G D/O COL GANGADHARAN M AGED ABOUT 20 YEARS RESIDING AT NO E030 WISTERIA BRIGADE MEADOWS KANAKAPURA ROAD, KAGLIPURA, BANGALORE - 560082 38. MITHILA SHETTY D/O JAYAPRAKASH SHETTY AGED ABOUT 20 YEARS RESIDING AT THENE SARVAPRAKASH NAGAR, ANKADAKATTE, KOTESHWARA KUNDAPUR TALUK UDUPI 39. RAKSHITHA M D/O MUNIGANGAIAH AGED ABOUT 21 YEARS, RESIDING AT BYRAWESHWARA NILAYA COURT ROAD, VINAYAK NAGAR, DODDABALLAPUR TOWN - 561203 40. SANCHITHA SHENOY D/O PRAKASH SHENOY AGED ABOUT 20YEARS RESIDING AT SHENOY NIVAS POST: HALASINAKATTE, PILAR VILLAGE, UDUPI TQ & DIST 41. VARSHA C S D/O CHIKKA SUBBA REDDY AGED 21 YEARS RESIDING AT 30 FEET ROAD, RAJIV NAGAR, PRABHAKAR LAYOUT, CHINTAMANI - 563112 42. PRATYUSHA D P K D/O VENKATA RAMANA D V AGED ABOUT 20 YEARS RESIDING AT # 335BM 3RD D MAIN, 6TH A CROSS, R R LAYOUT NAGADEVANAHALLI, BANGALORE - 560056 43. ANANTA SRILALITA BULUSU S/O SATYA PRASAD BULUSU AGED ABOUT 20 YEARS RESIDING AT H- M08 HABITAT SPLENDOUR ITPL KUNDANAHALLI NEAR CMRIT BANGALORE - 560037 44. AKHILA TADAVARTHY D/O VIJAYAKUMAR AGED ABOUT 20 YEARS RESIDING AT 5-29-10/BUJJAJ SAHEB STREET 23RD WARD REPALLE- 522265 45. ASNA NOUSHAD D/O MUHAMMED NOUSHAD K A AGED ABOUT 20 YEARS RESIDING AT ELANJICKAL HOUSE KUMMANAMP O KOTTAYAM DISTRICT KERALA 46. BHAVYASREE D/O BEENA M AGED ABOUT 21 YEARS RESIDING AT THAZHATHEMADATHIL (H) KARAYATHUMKAAVI P O BALUSSERY KERALA 47. THEJA PRAKASH D/O PRAKASHAN AGED ABOUT 22 YEARS RESIDING AT KIZHAKKE IYYAM VETTIL (H) THALAKKULATHUR P O, KOZHIKODE KERALA – 673317.
48. SAISURYA MOUNICA D/O MOHAN AGED ABOUT 22 YEARS RESIDING AT 4-42 RAMALAYAM ROAD, KOPPARRU NARASAPUR MANDEL WEST GODAVARI DISTRICT ANDHRA PRADESH 49. MALAVIKA MURALI D/O MURALIDHARAN PILLAI AGED AROUND 21 YEARS RESIDING VAISHAKH ULLANNOR ( PO ) KULANADA PATHANAMTHITTA DIST KERALA 50. JOHN PAUL S .O. ADV. PAUL M P, AGED ABOUT 20 YEARS RESIDING AT MECHERY HOUSE, BAZAR ROAD, PUDUKAD P O THRISSUR - 680301 KERALA 51. ZAINUL ABID PARENT: ABUBAKER AGED ABOUT 24 YEARS, RESIDING AT KALAMULLATHIL HOUSE, PONMERIPARAMBIL POST, VADAKARA CALICUT- 673542 KERALA 52. ABHISHEK M O S/O OUSEPH Y AGED ABOUT 20 YEARS RESIDING AT PUTHEN VEEDU, MURINGOOR P O CHALAKUDY KERALA 53. ANUJA GOPI D/O GOPI KUMAR, AGED ABOUT 22 YEARS RESIDING AT EDATHARA HOUSE VAKERY P O, SULTHANBATHERY WAYANAD, KERALA - 673592 54. LAVANYA B V D/O VIJAY KUMAR A AGED ABOUT 21 YEARS RESIDING AT C/O HANUMANTHRAJU # 301, 3RD FLOOR, RAGHAVA RESIDENCY 3RD CROSS, VYALIKAVALA LAYOUT, VIJAYANAGAR, KARNATAKA - 560040 55. PRIYA AKKI D/O VIRUPAKSHI R AKKI AGED ABOUT 20 YEARS RESIDING AT BIJJARAGI, BIJAPUR 56. PUSHPA P M AGED AVBOUT 21 YEARS D/O PURANDAR MURAGOJI TQ : RAI BAG, DIST BELGAUM A/P HIDKAL PINCODE: 591220 57. POORNIMA S HALYAL AGE : 20, FATHERS NAME SANGAPPA HALYAL ADDRESS MATRU KRUPA NGO COLONY KINNAL ROAD, KOPPAL PIN CODE: 583231 58. ANUJA GUPTA S/O SATYAPRAKASH GUPTA AGED ABOUT 20 YEARS RESIDING AT HIG -663 ARVIND VIHAR BAGMUGALIA, MPHB COLONY BHOPAL - 462043 59. Y S VAISHNAVI D/O K S ARUNA AGED ABOUT 20 YEARS RESIDING AT D NO 28, 2ND MAIN, 7TH CROSS, CHAMRAJPET, BANGALORE - 560018 60. K CHANDANA PRIYA D/O K NAGARAJU AGED ABOUT 20 YEARS RESIDING AT FLAT NO 511 RAJAHAMSA KINGDOM APARTMENT, RAMACHANDRA NAGAR, ANANTAPUR ANDHRA PRADESH - 515001 61. MOHAMMED FAIZ S/O NASIR KHAN RASHEEDY AGED ABOUT 20 YEARS RESIDING AT # 63, 9TH A MAIN, 4TH CROSS, BTM LAYOUT, 1ST STAGE OPPOSITE TO SHIFAA MEDICALS BANGALORE 62. SANJAN M S/O K.L.MANJAPPA, AGED ABOUT 20 YEARS RESIDING AT BANASHANKARI NILAYA, NIJALINGAPPA SCHOOL ROAD, HOSADURGA CHITRADURGA DISTRICT 63. GURURAJ BENNUR S/O VENUGOPAL BENNUR AGED ABOUT 20 YEARS R/AT KARATAGI 583229 (POST & TQ), KOPPAL (DIST) 64. KARTHIK S S/O SURESH HANCHATE AGED ABOUT 22 YEARS R/AT #30, SRINIVAS NILAYA, SRINIVAS NAGAR, S R MATH, OLD HUBLI, HUBLI 580024.
65. VIRAJA B C D/O BADRINATH C P AGED ABOUT 21 YEARS R/AT NO.784, MADHAVA NILAYA, 13TH MAIN 42ND CROSS, 3RD BLOCK, RAJAJINAGAR, BANGALORE 560010.
66. V ABITHA D/O M VENKATESAN AGED ABOUT 20 YEARS R/AT 4/5, 3RD STREET, TANSI NAGAR, VELACHERY CHENNAI 600042.
67. VARSHA S KUMAR D/O SHIVAKUMAR AGED ABOUT 20 YEARS R/AT FLAT NO 208, MANGAM ELITE APARTMENTS, 19THMAIN, HSR LAYOUT, SECTOR 2, BANGALORE 560102.
68. SINDU C D/O CHANNEGOWDA AGED ABOUT 20 YEARS R/AT 2ND CROSS, DR. LOHIA ROAD, VIDYA NAGAR HASSAN 573201.
69. VISHAKHA KESHAVA PRASAD S/O DR KESHAV PRASAD AGED ABOUT 20 YEARS R/AT FLAT NO.4B, TOWER2, ROSEDALE GARDEN COMPLEX, ACTION AREA 3, NEW TOWN, KOLKATA 700156.
70. TANZEELA FIRDOSE HUNCHAYAL D/O MOHAMAD NAYIM HUNCHAYAL AGED ABOUT 20 YEARS RESIDING AT 233, T F HOUSE, B C C LAYOUT, 2ND STAGE CHANDRA LAYOUT, BANGALORE-560040 71. SREEHARI R VIJAY S/O DR C R VIJAY AGED ABOUT 20 YEARS RESIDING AT NO.491, 16TH CROSS, A-1 BLOCK, VIJAYANAGAR, 3RD STAGE, MYSORE 72. LALINI PRIYA D/O EAMMANUEL MOHARE RESIDING AT NO.49/52, BAUXITE ROAD, ANNAPURNAWADI AZAMNAGAR, BELGAUM 73. RAMYA RAVINDRA PATIL D/O RAVINDRA A PATIL RESIDING AT NO.450, 1ST FLOOR, 8TH MAIN , T R SUBBARAO ROAD HANUMANTHNAGAR, BANGALORE-560019 74. AKSHATHA M D/O SRIDHAR BHAT M RESIDING AT NO.49, SRI KRISHNA NILAYA 4TH MAIN, 2ND CROSS, SIDDHIVINAYAKA LAYOUT KODIGEHALLI , BANGALORE-560097 75. SPOORTHI P D/O DR PRASAD MURTHY AGED ABOUT 19 YEARS RESIDING AT NO.105, VIVEKANANDA BLOCK, TEACHERS LAYOUT, MYSURU-570029 76. LEKHA K S D/O DR SREENIVAS K S AGED ABOUT 20 YEARS RESIDING AT NO.295, SRILAKSHMI , 1ST CROSS, RAVINDRANAGAR SHIVAMOGGA-577201 77. SHIVANI M R D/O MEGHARAJ K AGED ABOUT 19 YEARS RESIDING AT NO.430, 8TH MAIN 4TH CROSS, HANUMANTHNAGAR BANGALORE-560019 78. JYOTHI AMITA D/O JYOTHI VAIJINATH AGED 20 YEARS RESIDING AT # 9-8-375 JYOTI NIVAS BASAWANAGAR BVB COLLEGE, GANDHI GUNJ, BIDAR-585403 79. SWATHI S D/O SUDARSHAN K B RESIDING AT SWATHI 2ND BLOCK 2ND MAIN PARK ROAD KUVEMPUNAGAR, TUMKUR -572103 80. UDAYA M S/O MADEVA AGED ABOUT 20 YEARS RESIDING AT CHIKKALATHURU VILLAGE, DODDALATHURU POST KOLLEGALA TALUK, CH NAGAR-571444 81. MEGHA SHRAVYA CHATRADHI D/O NAGA SRINIVAS CHATRADHI AGED ABOUT 21 YEARS RESIDING AT JANGAMARA KALGUDI GANGAVATHI , KOPPAL ... PETITIONERS (By Mr. S.S. NAGANAND, SENIOR COUNSEL FOR Mr. AJITH A. SHETTY, ADV.,) AND 1. UNION OF INDIA BY MINISTRY OF HEALTH AND FAMILY WELFARE, 7-B MOTI LAL NEHRU MARG, NEW DELHI BY ITS SECRETARY.
2. MEDICAL COUNCIL OF INDIA POCKET-14, SECTOR-8 DWARKA PHASE-1 NEW DELHI-110077, INDIA BY ITS REGISTRAR/SECRETARY 3. STATE OF KARNATAKA BY THE DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, BANGALORE-560001 BY ITS PRINCIPLE SECRETARY 4. DIRECTORATE OF MEDICAL EDUCATION ANAND RAO CIRCLE, BANGALORE-560009 KARNATAKA, INDIA, BY ITS DIRECTOR 5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES JAYANAGAR, 4TH T BLOCK, BENGALURU, KARNATAKA-560041 BY ITS REGISTRAR 6. SAMBHRAM INSTITUTE OF MEDICAL SCIENCES AND RESEARCH, D.K.PLANTATION, BEML NAGAR, KOLAR GOLD FIELDS, KARNATAKA-563115 BY ITS SECRETARY ... RESPONDENTS (By MR. H. MALLAN GOUD, CGC FOR R1 MR. N. KHETTY, ADV., FOR R2 MR. R. NATARAJ, ADDL. ADVOCATE GENERAL FOR MR. V. SHIVAREDDY, HCGP FOR R3 & R4 MR. N.K. RAMESH, ADV., FOR R5 MR. K. DIWAKARA, ADV., FOR R6) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 AND 5 TO DECLARE THE R-6 AS A DEFUNCT INSITUTION. DIRECT R-5 UNIVERSITY TO SHIFT/RELOCATE THE PETITIONERS HEREIN TO OTHER INSTITUTIONS RECOGNIZED BY R-2 AND 5, OFFERING VALID DEGREE IN MEDICAL SCIENCE/MEDICINE WITHIN THE STATE OF KARNATAKA FROM THE CURRENT ACADEMIC YEAR VIZ., 2018-19 & ETC.
W.P.Nos.2907-2926/2019 BETWEEN 1. KUMAR .B S/O BALAKRISHNA .P AGED ABOUT 22 YEARS, RESIDING AT NO.2246, 4TH CROSS, MADHURA NAGAR, MOODALAPALYA, NAGARBHAVI MAIN ROAD, BANGALORE-560 072.
2. ARHANTH S S/O. DR. V. SHANMUGAM, AGED ABOUT 20 YEARS, NO.P-02, PAMPAPATHI ROAD, SARASWATHIPURAM, MYSORE-570 009.
3. SRINIVAS C SANKAOL S/O CHANDRASHEKHAR S.G. AGED ABOUT 20 YEARS, ARABHILA CHI, BHADRAVATHI, SHIMOGA-577 233.
4. SHARANYA R D/O RAVINDRA B.G. AGED ABOUT 20 YEARS, 22ND MAIN, J. P. NAGAR, MYSORE-570 008.
5. PRAJWAL L. GOWDA S/O S. P. LOKESH AGED ABOUT 20 YEARS, MANJUNATHAPURA, SHRAVANABELAGOLA, HASSAN-573 135.
6. SIDDLINGESWAR RAMPURE S/O RAMALINGESHWAR RAMPURE, AGED ABOUT 20 YEARS, NO.19/6/235, LINGHDHAMA SHIVNAGAR NORTH, MAHATHMA BASAVESHWARA ROAD, BIDAR-585 401.
7. SHREESHA S. RAO S/O SRINIVAS RAO. K. V. AGED ABOUT 20 YEARS, NO.2/195, SALMARA, SHANKARPURA POST, KURKALU VILLAGE, UDUPI-574 115.
8. RAJATH K. S.
S/O. K. M. SRINIVAS, AGED ABOUT 22 YEARS, NO. 16, KOLTHURU VILLAGE, HOSKOTE TALUK, BANGALORE-562 114 9. KRISHNA S. K.
S/O. SHIVARAM C. K. AGED ABOUT 21 YEARS, MAHESH NILAYA, KENCHAPPA LAYOUT, 2ND CROSS, VINOBHANAGAR, SHIVAMOGGA-577 204.
10. P. PRAVEEN S/O PURUSHOTTAM .C AGED ABOUT 20 YEARS, RESIDING AT 294, 11TH CROSS, 1ST STGAE, MANJUNATHNAGAR, RAJAJINAGAR, BANGALORE-560 010.
11. KALADEEP SHREYA SHIVANAND D/O KALADEEP SHIVANAND, AGED ABOUT 20 YEARS, NO.54/B, OMKARNAGAR, BHAVANIPETH, BEHIND KAAADADI HIGH SCHOOL, SOLAPUR, MAHARASHTRA-413 002.
12. THARUN KUMAR. S S/O. SRINIVASAMURTHY. C, AGED ABOUT 20 YEARS, DAYANADA ROAD, SRINIVASAPURA, KOLAR-563 135.
13. ABHISHEK GOWDA. M. L. S/O R. GIRISH, AGED ABOUT 20 YEARS, SHREEVARI NILAYA, HONALLI, KADUR, CHIKKAMAGALURU-577 548.
14. PRAJWAL K. S.
S/O SHIVASHANKAR K. C., AGED ABOUT 20 YEARS, BEHIND BAKELAND BAKERY, TUMKUR GATE, MADHUGIRI-572 132, TUMKUR.
15. NIMISHA SOMAN D/O P.V. SOMAN AGED ABOUT 20 YEARS, THRISSUR, KERALA-03.
16. REYAN RAZAQ S/O MOHAMMED RAHMATHULLAH, AGED ABOUT 21 YEARS, FLAT NO. 304, SLV RESIDENCY, NEXT TO SAMSUNG BUILDING, DODDANEKUNDI, MARATHAHALLI RING ROAD, BANGALORE-560 037.
17. DAKSHAYINI N D/O NANJUNDAPPA, AGED ABOUT 20 YEARS, NEAR SBI, CHIKKATHIRUPATHI, MALUR TALUK, KOLAR DISTRICT-563 160.
18. Z. SAIMA D/O B. ZAHEER AHMED, AGED ABOUT 20 YEARS, SHS COMPLEX, RAYAKOTTA MAIN ROAD, KRISHNAGIRI, TAMIL NADU-635 002.
19. SNEHA V THOMAS D/O THOMAS CHACKO, AGED ABOUT 20 YEARS, VAVOLIL HOUSE, VAYYATTUPUZHA P.O., PATHANAMTHITTA DISTRICT, KERAL-689 663.
(By Mr. B. VACHAN, ADV.,) AND ... PETITIONERS 1. UNION OF INDIA BY MINISTRY OF HEALTH AND FAMILY WELFARE, 7-B MOTI LAL NEHRU MARG, NEW DELHI, BY ITS SECRETARY.
2. MEDICAL COUNCIL OF INDIA POCKET-14, SECTOR-8, DWARKA PHASE-1, NEW DELHI-110 077, INDIA, BY ITS REGISTRAR/SECRETARY.
3. STATE OF KARNATAKA BY THE DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, BANGALORE-560 001, BY ITS PRINCIPLE SECRETARY.
4. DIRECTORATE OF MEDICAL EDUCATION ANAND RAO CIRCLE, BANGALROE-560 009, KARNATAKA, INDIA, BY ITS DIRECTOR.
5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES JAYANAGAR, 4TH "T" BLOCK, BENGALURU, KARNATAKA-560 041, BY ITS REGISTRAR.
6. SAMBHRAM INSTITUTE OF MEDICAL SCIENCES AND RESEARCH, D.K. PLANTATION, BEML NAGAR, KOLAR GOLD FIELDS, KARNATAKA-563 115, BY ITS SECRETARY.
(By MR. H. MALLAN GOUD, CGC FOR R1 MR. N. KHETTY, ADV., FOR R2 ... RESPONDENTS MR. R. NATARAJ, ADDL. ADVOCATE GENERAL FOR R3 & R4 MR. N.K. RAMESH, ADV., FOR R5 MR. K. DIWAKARA, ADV., FOR R6) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 AND 5 TO DECLARE THE R-6 AS A DEFUNCT INSTITUTION. DIRECT R-5 UNIVERSITY TO SHIFT/RELOCATE THE PETITIONERS HEREIN TO OTHER INSTITUTIONS RECOGNIZED BY R-2 AND 5, OFFERING VALID DEGREE IN MEDICAL SCIENCES/ MEDICINE WITHIN THE STATE OF KARNATAKA FROM THE CURRENT ACADEMIC YEAR VIZ., 2018-19 & ETC W.P.Nos.4562-4566/2019 & 5389-5390/2019 BETWEEN 1. SUHAS S S/O M SHANKAR AGED ABOUT 20 YEARS NO 4401, 6TH MAIN, 2ND CROSS, MUNISWAMY GOWDA LAYOUT VIVEKANANDANAGAR, BANGARPET TOWN KOLAR - 563114 2. VIKRAM RAJU HEGDE S/O RAJU HEGDE AGED ABOUT 21 YEARS RESIDING AT CNNL, ANAND RAO CIRCLE BANGALORE- 560009 3. SIDDHARTH S M S/O SHANKAR M AGED ABOUT 21 YEARS, AKKI ONI, SAVADATTI BELAGAVI - 591126 4. GAGANDEEP K N S/O NAGARAJ AGED ABOUT 20 YEARS NO 416, B-5, KRISHNA BLOCK NATIONAL GAMES VILLAGE KORAMANGALA, BANGALORE - 32 5. SANGEETA SAJJANAR D/O SHIVAPPA SAJJANAR AGED ABOUT 21 YEARS, R/O CHURCHIHALMATH CHAWL A D NAGAR 1ST CROSS, MUNDARGI GADAG DISTRICT 6. G SAI PRIYANKA D/O DR G BRAHMANANDA REDDY AGED ABOUT 20 YEARS 9-66/2, AMARAVATHI NAGAR M R PALLI, TIRUPATHI - 517502 CHITTOOR DISTRICT, ANDHRA PRADESH 7. RIA SARKAR D/O KALYAN BRATA SARKAR AGED ABOUT 20 YEARS SMQ - 153/03, AIR FORCE STATION NALIYA, P O ABDASA, KUTCH DISTRICT, GUJARATH - 370655 ... PETITIONERS (By Mr. S.S. NAGANAND, SENIOR ADVOCATE FOR Mr. AJITH A. SHETTY, ADV.,) AND 1. UNION OF INDIA BY MINISTRY OF HEALTH AND FAMILY WERLFARE 7-B, MOTI LAL NEHRU MARG, NEW DELHI BY ITS SECRETARY 2. MEDICAL COUNCIL OF INDIA POCKET - 14, SECTOR - 8, DWARKA PHASE- 1, NEW DELHI - 110077,INDIA BY ITS REGISTRAR / SECRETARY 3. STATE OF KARNATAKA BY THE DEPARTMENT OF MEDICAL EDUCATION DIRECTORATE OF MEDICAL EDUCATION ANAND RAO CIRCLE, BANGALORE - 560009 KARNATAKA INDIA BY PRINCIPLE SECRETARY 4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, 4TH T BLOCK EAST, PATTABHIRAMA NAGAR, JAYANAGAR, BENGALURU KARNATAKA - 560041 BY ITS REGISTRAR 5. SAMBHRAM INSTITUTE OF MEDICAL SCIENCES AND RESEARCH D K PLANTATION, BEML NAGAR, KOLAR GOLD FIELDS KARNATAKA -563115 BY ITS SECRETARY ... RESPONDENTS (By MR. H. MALLAN GOUD, CGC FOR R1 MR. N. KHETTY, ADV., FOR R2 MR. R. NATARAJ, ADDL. ADVOCATE GENERAL FOR MR. V. SHIVAREDDY, HCGP FOR R3 MR. N.K. RAMESH, ADV., FOR R4 MR. K. DIWAKARA, ADV., FOR R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 AND 4 TO DECLARE THE R-5 AS A DEFUNCT INSTITUTION. DIRECT R-4 UNIVERSITY TO SHIFT/RELOCATE THE PETITIONERS HEREIN TO OTHER INSTITUTIONS RECOGNIZED BY R-2 AND 4, OFFERING VALID DEGREE IN MEDICAL SCIENCES/MEDICINE WITHIN THE STATE OF KARNATAKA FROM THE CURRENT ACADEMIC YEAR VIZ., 2018-19 & ETC W.P.Nos.10342-10343/2019 BETWEEN 1. KUMARI SNEHA S R D/O M. SHIVALINGAPPA AGED ABOUT 22 YEARS, RESIDENT OF SIDDARAMANAGARA, HOSADURGA TOWN CHITRADURGA DISTRICT - 577 527.
2. KUMARI RACHITHA R D/O RANGANATHA, AGED ABOUT 22 YEARS, RESIDING AT NO.59, RANGADHAM OPP C.I.I. PRAKRUTHINAGARA, BYADARAHALLI, BANGALORE - 560 091.
... PETITIONERS (By Mr. A.V. GANGADHARAPPA, ADV.,) AND 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI - 110 001.
2. MEDICAL COUNCIL OF INDIA REPRESENTED BY ITS REGISTRAR, POCKET -14, SECTOR 8, DWARAKA PHASE-I, NEW DELHI - 110 017.
3. STATE OF KARNATAKA REPRESENTED BY ITS COMMISSIONER, DEPATMENT OF MEDICAL EDUCATION, M.S.BUILDING, AMBEDKAR ROAD, BANGALORE - 560 001.
4. DIRECTORATE OF MEDICAL EDUCATION VIKASA SOUDHA, BANGALORE - 560 001.
5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE REPRESENTED BY ITS REGISTRAR, SANJAY GANDHI HOSPITAL COMPLEX, TILAKNAGARA, JAYANAGARA, BANGALORE - 560 011.
6. CONSORTIUM OF MEDICAL ENGINEERING AND DENTAL COLLEGES OF KARNATAKA (COMEDK), REPRESENTED BY ITS SECRETARY, NO.132, II FLOOR, 11TH MAIN ROAD, 17TH CROSS, MALLESHWARAMA, BANGALORE - 560 055.
7. SAMBHRAM INSTITUTE OF MEDICAL SCIENCES AND RESEARCH HOSPITAL, REPRESENTED BY ITS PRINCIPAL, D.K.PLANTATION, BEML NAGAR, KOLAR GOLD FIELD, KOLARA - 563 115.
... RESPONDENTS (By MR. H. MALLAN GOUD, CGC FOR R1 MR. N. KHETTY, ADV., FOR R2 MR. R. NATARAJ, ADDL. ADVOCATE GENERAL FOR MR. V. SHIVAREDDY, HCGP FOR R3 & R4 MR. N.K. RAMESH, ADV., FOR R5 SMT. FARA FATHIMA, ADV., FOR R6 MR. K. DIWAKARA, ADV., FOR R7) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND PROCEEDINGS OF THE CASE. DIRECT RESPONDENTS TO RE-ALLOCATE PETITONERS TO ANY OTHER MEDICAL COLLEGE IN THE STATE OF KARNATAKA WHICH FULFIL THE REQUIREMENTS OF R-2 AND 5 FOR RUNNING THE MEDICAL INSTITUTION & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.S.S.Naganand, learned Senior counsel for Mr.Ajith A.Shetty, learned counsel for the petitioners.
Mr.H.Mallan Goud, learned Central Government Counsel for respondent No.1.
Mr.N.Khetty, learned counsel for respondent No.2 Mr.R.Nataraj, learned Additional Advocate General for Mr.V.Shivareddy, learned High Court Government Pleader for respondent No.3.
Mr.N.K.Ramesh, learned counsel for respondent No.4.
Mr.K.Diwakara, learned counsel for respondent No.5.
In these writ petitions, the petitioners who are students of MBBS course of 2016-17 Batch and are currently pursuing their studies in respondent No.6- institution seek a writ of mandamus directing respondent Nos.2 and to declare Sambharam Institute of Medical Science and Research (hereinafter referred to as 'the College' for short) as a defunct institution as well as a writ of mandamus directing Rajeev Gandhi University of Health Sciences (hereinafter referred to as 'the University for short) to shift/relocate the petitioners herein to other institutions recognized by respondent Nos.2 and 4, offering valid degree in medical sciences/medicine within the State of Karnataka from the current academic year viz., 2018-19. The petitioners also seek a writ of mandamus directing respondent No.2 to recognize allocation of seats for petitioners in alternative colleges/ institutions as being valid.
2. Facts giving rise for filing of these writ petitions briefly stated are that in compliance of the directions issued by this Court dated 31.03.2016 in W.P.No.12540/2016, the University on 02.05.2016 conducted an enquiry and agreed in principle to affiliate the first course of MBBS for the academic year 2016-17 subject to permission granted by the Government. The Supreme Court by an order dated 02.05.2016 passed in ‘MODERN DENTAL COLLEGE AND RESEARCH CENTRE AND ORS. VS. STATE OF MADHYA PRADESH AND ORS.’, constituted a three member Oversight Committee to oversee the functioning of Medical Council Of India and also to ensure that widespread deficiencies in medical institutions across the country were removed. On 13.06.2016, the Oversight Committee decided to permit all the applicant colleges, which have not been afforded an opportunity to submit their compliance reports to the deficiencies pointed out by the Medical Council of India in the Inspection / verification reports for the academic year 2016-17, afresh to the Ministry of Health and Family Welfare on or before 22.06.2016. The State Government submitted the essentiality certificate prescribed in Form-2 of Medical Council of India establishment of Medical College Regulations, 1999 on 05.07.2016, in which it was stated that in case the college fails to create infrastructure to medical college as per Medical Council of India norms and fresh admissions are stopped by the Central Government, the State Government shall take over the responsibility of the students already admitted in the college with the permission of the Central Government. The respondent No.1 viz., Union of India on 26.09.2016 proceeded to approve intake of 150 students for the academic year 2016-17 subject to the conditions contained therein, which included rectification of various deficiencies, which were earlier found in the infrastructure of the college. Admittedly, the petitioners were admitted in the college as per their merit.
3. Admittedly, the college did not comply with the deficiencies as a result of which it was debarred from inducting students for academic sessions 2014-15, 2017-18, 2018-19 and 2018-19. The college however asserted that it has complied with the deficiencies and approached Supreme Court by filing W.P.No.850/2017 which was disposed of by the Supreme Court vide order dated 16.09.2017 directing Medical Council of India to conduct fresh instructions thereof and grant the college time to overcome the deficiencies, if any. The Medical Council of India on inspection found that the respondent No.6-College has failed to comply with the deficiencies and therefore, debarred the college from inducting students for academic 2017-18 and 2018-19. the University also debarred the college from admitting students for academic year 2017-18 and 2018-19. It is the case of the petitioners that the petitioners are hapless victims of glaring deficiencies in the infrastructure almost zero influx of patients in the hospital thereupon the parents of the petitioners submitted representation to the respondent. Thereupon explanation was sought on 03.08.2018 from the College to which college submitted a response on 09.08.2018. It has further been averred in the writ petition that the petitioners are forced to remain in college which are rendered defunct. In the aforesaid background, the petitioners have approached this court seeking the reliefs as stated supra.
4. Learned Senior counsel for the petitioners submitted that there is a severe shortage of faculty in the college and almost nil foot-fall of patients in the attached hospital, in which the petitioners are unable to receive any clinical training. It is further submitted that no classes are being held from the start of third year and prior to two days of the inspection visits by the Medical Council of India, the College garners destitute, orphans from orphanages and elderly from the old age homes who are portrayed as patients. It is urged that the college also hires the practicing doctors to play the role of lecturers during the inspection. It is pointed out that in the latest assessment report dated 11.04.2019 of the Medical Council of India, 90% of the patients have been found to be fit and no effort was made by the inspecting team to examine the faculty members. It is also submitted that no undertaking can be furnished on behalf of the Medical Council of India to guarantee an advanced recognition in case occasion, so arises. It is also submitted that Medical Council of India has taken a stand before the Supreme Court that an institution, which has secured a letter of permission from the Central Government, can file an application seeking recognition by the Central Government only in case of two contingencies viz., – For renewals being granted or the first batch of students being graduated from the college. Neither of the aforesaid contingencies have arisen. On the other hand, Medical Council of India has refused permission to the college to induct a fresh batch of students for a period of three consecutive years. Attention of this Court is also invited to the communication of Medical Council of India dated 30.05.2019 and it is submitted that Medical Council of India itself has found deficiencies and doubted the genuineness of indoor patients. It is also urged that the college has not challenged the inspection reports of the Medical Council of India for three consecutive years. It is further submitted that petitioners be directed to be admitted in Government Medical Colleges in the next academic session commencing from January 2020. In support of the aforesaid submission, reliance has been placed on decisions of Supreme Court in ‘ASHEESH PRATAP SINGH AND ORS. VS. M.SACHADEVA AND ORS.’, W.P.CIVIL NOS.1001/2017, ‘SARVEPALLI RADHAKRISHNAN UNIVERSITY & ANR. VS. UNION OF INDIA & ORS.’, WRIT PETITION (CIVIL) NOS.1001 OF 2017 ‘MEDICAL COUNCIL OF INDIA VS. RAMA MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE, KANPUR AND ORS.’, CIVIL APPEAL NO.4911 OF 2012, ‘SOURABH BRALA AND ORS. VS. UNION OF INDIA (UOI) AND ORS.’, W.P.(C)NO.571/2018 and ‘ELECTRONICS SYSTEMS PRIVATE LIMITED VS. RESEARCH DESIGNS AND STANDARDS ORGANIZATION’, CIVIL APPEAL NO.5946/2018.
5. On the other hand, learned counsel for the Medical Council of India submitted that the petitioners have been admitted against the sanctioned seats and are entitled to continue in the college till the end of the course and the issue of recognition shall be considered at the time of completion of the course of the petitioners. In this connection, learned counsel has invited the attention of this Court to the affidavit sworn in by the Law Officer of the Medical Council of India, in which it is stated that the cases of the petitioners will be treated in the same manner as in the case of KCS College, Chennai where batch of students was given one time recognition, in the event of the college failing to obtain renewal permission for the fourth time and recognition at the time of completion of the course of the students. It is further submitted that each renewal is stage-wise and subsequent refusal to renew the recognitions have no bearing on the cases of the petitioners. It is also submitted that in the cases relied by learned Senior counsel for the petitioners, the lis was between the College and the Medical Council of India, and the colleges in the aforesaid decisions were closed, whereas in the instant case, the college is functional. It is also submitted that no action for closure of the college has been taken and the infrastructure and the staff of the college is sufficient for the petitioners and the college has been granted permission to apply for the next academic session. It is also submitted that the University has conducted an inspection on 06.03.2019 and the Medical Council of India agrees with the inspection report of the University. It is also urged that the instant case is not a fit case for closure of the college and the inspection reports of the Medical Council of India have not been challenged by the petitioners. Therefore, the question of transfer of students to any other institutions does not arise and the aforesaid question is premature. In support of aforesaid submissions, reliance has been placed on the decisions of the Supreme Court in ‘MEDICAL COUNCIL OF INDIA VS. STATE OF KARNATAKA AND OTHERS (1998) 6 SCC 131, ‘K.S.BHOIR VS. STATE OF MAHARASHTRA AND OTHERS’ AIR 2002 SC 444, ‘MEDICAL COUNCIL OF INDIA VS. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND OTHERS’, 2004 (6) SCC 76, ‘MICHIGAN RUBBER (INDIA) LIMITED VS. STATE OF KARNATAKA AND OTHERS;, (2012) 8 SCC 216, ‘SATYABRATA SHAOO AND OTHERS VS. STATE OF ORISSA AND OTHERS’, (2012) 8 SCC 203 and ‘CHINTPURNI MEDICAL COLLEGE AND HOSPITAL AND ANR. VS. STATE OF PUNJAB AND ORS.’, AIR 2018 SC 3119.
6. Learned Additional Advocate General for Respondent No.3 has submitted that in third year MBBS course, 15 seats are vacant in the Government Medical Colleges of the State of Karnataka. It is also submitted that the State Government stands by the undertaking given by it in the Essentiality Certificate and in case, this Court deems fit, the students can be granted admission subject to approval granted by the Medical Council of India. It is also submitted that in fact by a communication dated 20.06.2019, guidance was sought from the Medical Council of India in this regard. However, the aforesaid communication has failed to evoke any response. It is also submitted that in case, the students have to bee admitted to the Government Medical Colleges in third year of the MBBS course, the amount of fee may be specified.
7. Learned Counsel for Respondent No.1 has adopted the submissions made the learned counsel for Respondent No.2. Learned Counsel for Respondent – College has submitted that 149 students were admitted to the college for the academic year 2016-2017. It is further submitted that 133 students passed the first year examination and appeared in the second year MBBS examination. It is also submitted that the respondents have complied with almost all the deficiencies pointed out by the respondent No.2 and Respondent No.4 and the allegations of lack of proper infrastructure, inadequacy of teaching faculty are incorrect. It is further submitted that as per the statement of Medical Council of India, there is no impediment in students completing their MBBS course and their degrees would be recognized by Medical Council of India, as required under the provisions of Indian Medical Council Act, 1956. It is also submitted that medical college run by respondent No.5 is in a district, in which no Government Medical College is situated and therefore, the State Government in public interest has furnished Essentiality Certificate. It is further submitted that before the next date of inspection, the College would comply with all the deficiencies. Attention of this court has been invited to the attendance register to show that the petitioners are attending the classes, as well as to the list of teaching faculties. In support of aforesaid submissions reliance has been placed on ‘MEDICAL COUNCIL OF INDIA VS. KALINGA INSTIUTE OF MEDICAL SCIENCE (KIMS)’, AIR 2016 SC 2294 and ‘CHINTAPURN MEDICAL COLLEGE HOSPITAL VS. STATE OF PUNJAB’, AIR 2018 SC 3119.
8. I have considered the rival submissions and have perused the record. Before proceeding further, it is apposite to take note of Section 10A of the of the Indian Medical Council Act, 1956 (hereinafter referred to as 'the Act' for short), which reads as under:
10A. Permission for establishment of new medical college, new course of study-
(1) Notwithstanding anything contained in this Act or any other law for the time being in force – (a) no persona shall establish a medical college; or (b) no medical college shall – (i) open a new or higher course of study or training (including a post-graduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognized medical qualification; or (ii) increase its admission capacity in any course of study or training (including a post- graduate course of study or training), except with the previous permission of the Central Government obtained in accordance with the provisions of this section.
Explanation 1 – For the purposes of this section, “person” includes any University or a Trust but does not include the Central Government.
Explanation 2 – For the purposes of this Section, “admission capacity”, in relation to any course of study or training (including post- graduate course of study or training) in a medical college, means the maximum number of students that may be fixed by the Council from time to time for being admitted to such course or training.
2(a) Every person or medical college shall, for the purpose of obtaining permission under sub- Section (1), submit to the Central Government a scheme in accordance with the provisions of clause (b) and the Central Government shall refer the scheme to the Council for its recommendations.
(b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed.
(3) On receipt of a scheme by the Council under sub-Section (2, the Council may obtain such other particulars as may be considered necessary by it from the person or the medical college concerned, and thereafter, it may – (a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity tot eh person or college concerned for making a written representation and it shall be open to such person or medical college to rectify the defects, if any, specified by the Council;
(b) consider the scheme, having regard to the factors referred to in sub-Section (7), and submit the scheme together with its recommendations thereon to the Central Government.
(4) The Central Government may, after considering the scheme and the recommendations of the Council under sub-Section(3) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or college concerned, and having regard to the factors referred to in sub- Section (7), either approve (with such conditions, if any, as it may consider necessary) or disapprove the scheme and any such approval shall be a permission under sub-Section (1).
Provided that no scheme shall be disapproved by the Central Government except after giving the person or college concerned a reasonable opportunity of being heard:
Provided further that nothing in this sub- section shall prevent any person or medical college whose scheme has not been approved by the Central Government to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme has been submitted for the first time under Sub-Section (2).
(5) Where, within a period of one year form the date of submission of the scheme to the Central Government under sub-Section (2), no order passed by the Central Government has been communicated to the person or college submitting the scheme, such scheme shall be deemed to have been approved by the Central Government in the form in which it had been submitted, and, accordingly, the permission of the Central Government required under sub- Section (1) shall also be deemed to have been granted.
(6) In computing the time-limit specified in sub- Section (5) the time taken by the person or college concerned submitting the scheme, in furnishing any particulars called for by the Council, or by the Central Government shall be excluded.
(7) The Council, while making its recommendations under clause (b) of sub-Section (3) and the Central Government, while passing an order, either approving or disapproving the scheme under sub-Section (4), shall have due regard to the following factors, namely-
(a) Whether the proposed medical college or the existing medical college seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of medical education as prescribed by the Council under Section 19A or, as the case may be, under Section 20 in the case of postgraduate medical education.
(b) Whether the person seeking to establish a medical college or the existing medical college seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources;
©Whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of the medical college or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided within the time- limit specified in the scheme;
(d) whether adequate hospital facilities, having regard to the number of students likely to attend such medical college or course of study or training or as a result of the increased admission capacity, have been provided or would be provided within the time-limit specific in the scheme;
(e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such medical college or course of study or training by persons having the recognised medical qualifications;
(f) the requirement of manpower in the field of practice of medicine; and (g) any other factors as may be prescribed.
(8) Where the Central Government passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or college concerned.
9. The procedure for establishment of a new medical college is governed under the procedure prescribed under Section 10A of the Indian Medical Council Act, 1956 as well as the establishment of new medical colleges, opening of higher course of study and increase of admission capacity in Medical Colleges’ Regulations. Section 10A of the Act confers the power to permit the establishment of the medical college of the Central Government under the Act. Section 10A read with Section 23 of the Act lays down the qualifying criteria to apply for permission to establish a medical college. One of the criteria is that person concerned should obtain an essentiality certificate as prescribed in Form-2 of the Regulations certifying that State Government/Union Territory administration had no objection for establishment of proposed medical college. The State Government is required to certify that it has decided to issue an essentiality certificate for ht establishment of a medical college with specified number of seats in public interest and such establishment is feasible. It is pertinent to note that State Government is required to notify in essentiality certificate that if an applicant fails to create an infrastructure in the medical college as per Medical Council of India norms and fresh admissions are stopped by the Central Government the State Government shall take over the responsibility of the students that are already admitted in the college with the permission of the Central Government. The Supreme Court in the case of CHINTAPURNI MEDICAL COLLEGE AND ANR. supra has held that only purpose of essentiality certificate is to enable the Central Government to take an informed decision under Section 10A of the Act about opening or establishment of a new medical college. The role of Medical Council of India in opening or establishment of a new medical college is merely recommendatory in nature. It has further been held that once the college is established its functioning and performance and even the de- recognisation of its courses is controlled only by the provisions of the Act and not any other law.
10. In the instant case, the State Government issued an essentiality certificate on 05.07.2016 in favour of the college as required under the Regulations. In the aforesaid essentiality certificate, the State Government had furnished an undertaking to take over the responsibility of the students already admitted in the college with the permission of the Central Government. On the basis of the essentiality certificate issued by the State Government, the Government of India by order dated 26.09.2019 granted permission under Section 10A of the Act to establish the college with annual intake capacity of 150 seats for the academic session 2016-17, subject to the conditions mentioned in the order. It was further provided that para 5 of the aforesaid order reads as under:
The permission of the Central Government is accorded initially for a period of one year and will be renewed on yearly basis subject to the verification of the achievement of annual targets as indicated in your scheme and revalidation of performance Bank Guarantee. This process of renewal of permission will continue till such time the establishment of medical college and expansion of hospital facilities are completed and a formal recognition of the Medical College is granted.
11. Admittedly, the petitioners were admitted in the respondent No.6-College on merit. In Medical Council of India supra, the Supreme Court held that a medical student requires grueling study and that can be done only when proper facilities are provided in the medical college and the hospital attached to it has to be well equipped and the teaching faculty and doctors have to be competent enough that when a medical student comes out he is perfect in science of treatment of human beings and is not found wanting in any way. It was further held that the country does not want half baked medical professional coming out of the medical colleges when they did not have full facilities of teaching and were not exposed to the patients and their ailments during the course of their study. The compliance of the requirements under the act and the regulations framed therein has been held to be mandatory. Thus, the responsibility lies on the state holders to ensure that adequate infrastructure and the facilities of teaching as well as the experience of working in hospitals where the students have exposure to the patients and their ailments is made available.
12. The Medical Council of India carried out inspection on 17.12.2017 for according permission to the next batch of students for the academic session 2017-18. The relevant extract of the aforesaid report reads as under:
5. Deficiency of the infrastructure of college and hospital – nil 6. Deficiency of clinical material: grossly inadequate (a) Bed Occupancy – 17%, OPD – 240 (b) Major, Minor Operations – Nil, Delivery, C/S – Nil. Only 3 deliveries in last 4 months.
© The data from the computer in Pharmacy reveals the functioning of the hospital – In Nov 2016 – total 2829 patients (OPD + IPD) were given medicines. From 1st Dec 16 to 16 Dec 2016 total 15-07 patients (OPD + IPD) were given medicines from the Pharmacy. Printouts signed by peson in pharmacy, Superintendent and Dean is attached.
7. Deficiency of teaching faculty: Shortage of teaching faculty is 64.62%.
8. Deficiency of resident doctors: Shortage of resident doctors is 100%.
9. Any other remarks (a) Institute is not following the direction of the MCI/oversight committee regarding the attendance. No Biometric Data or Attendance Registers signed by Faculty/Residents/HOD were available with Dean at 10.00 a.m.
Some of the Attendance Registers were available with Dean’s office. Most of the Faculty are not signing it. Photocopy of the same is attached.
No registers were available of Anatomy, Physi9logy, Biochemistry, Pharmacology, Dermatology, Psychiatry, Ophthalmology, Radiology and Dental Departments (Statement signed by Dean attached) There is only one Biometric machine in Hospital which is not used regularly for attendance. Data taken from it on 17th Dec showed only 27 faculty / residents had done Biometric attendance. The data is always manipulated and printed.
On second day also there was hardly any patients in OPD and in wards.
Deficiency page 34 of the petition para 5, 6, 7 & 8 and any other remarks 9.
13. In view of the deficiencies found out by the Medical Council of India, the college was not permitted to admit fresh students for the academic session 2017-
18. Thereafter, another inspection was carried out on 11 & 12.11.2017 for grant of renewal of permission for third batch of 150 students for the academic session 2018-19. In the aforesaid report, it was found as under:
6. Deficiency of Infrastructure of College & Hospital.
7. Clinical material.
a. Bed Occupancy – 60.6% b. OPD Attendance – 692 c. Major surgeries – 05 & Minor surgery – 23, Normal delivery – 01, LSCS – 01.
8. Deficiency of Teaching Faculty : Shortage of Teaching Faculty is 16% (16 out of required 100) 9. Deficiency of Resident Doctors: Shortage of Resident doctors is 10.2 (5 out of required 49).
10. UHTC & RHTC services: Infrastructure in UHTC has to be improved.
14. Thus, in view of the aforesaid deficiencies, the college once again was denied permission for induction of fresh batch of students for the academic year 2018-19.
15. On 17 & 18.12.2018 also the Medical Council of India conducted the inspection for permission to admit fresh batch of 150 students and thereafter, the college was informed vide communication dated 30.05.2019 with regard to the deficiencies, which were found as follows:
1. No orientation and Basic course workshop undergone by MEU.
2. Examination hall capacity required 250, available 180 – short by 70.
3. No AV aids available in lecture Theaters.
4. Stack room not available in Library 5. Students reading room (inside) 50 against 150.
6. Internet nodes available 27 against 40 (13 less).
7. Common room areas each for boys and girls separately available 50 Sq. meter as against 150 (100 sqm. Less) 8. AC, internet & computers not available in study room in hostel.
9. Biometric devices not installed in college.
10. Bed occupancy 55% 11. No Ba, IVP, CT, histopathology & cytopathlogy (IPD) – done.
12. Gynae, OT – under maintenance.
13. One mobile 600 mA, CT Scan- not available.
14. Hostel accommodation, specialists visits, cold chain, equipment, immunization & National Health Programme not available in RHTC.
15. Facilities for delivaries not available in UHTC.
16. Deficiency of Faculty – 32.47% (38/117) 17. Deficiency of Residents – 48.48%”
4. Whereas the Board of Governors considered the compliance verification assessment report (11th April, 2019) alongwith the summary/observations of the member of the undergraduate Expert group appointed by the BOG and noted that the following deficiencies.
16. Therefore, once again, permission was not granted for admission of fourth batch of 150 students for the academic session 2019-20. However, the college was granted liberty to apply afresh for next academic sessions strictly as per the Act and the Regulations framed thereunder. It is pertinent to mention here that the petitioners as well as Medical Council of India and the college have relied on the aforesaid inspection reports in support of the contention that the existing infrastructure and the teaching facility is adequate for the present strength of 150 students. The counsel for the college has also pointed out the attendance register as well as the fact that most of the students have passed the second year examination. However, it is pertinent here to note that the aforesaid reports pertains to inspection conducted by Medical Council of India with regard to grant of permission for admission to subsequent batches i.e., for a period from 2018-19 to 2019-2010. It is noteworthy that there is no material on record to show that existing infrastructure and the teaching staff is sufficient for the petitioners, except the report of the University in an inspection which was carried out on 06.03.2019, wherein it is stated that infrastructure was assessed and no deficiency as per Medical Council of India guidelines for 150 students was found. However, the deficiencies have been found even in the aforesaid report with regard to the teaching staff and other clinical facilities. The report of the University cannot be the sole basis for recording any finding with regard to adequacy of infrastructure and facilities to the petitioners as the competent authority in this regard is the Medical Council of India.
17. At this stage, it is pertinent to mention that the State Government by a communication dated 20.06.2019 had sought guidance from the Medical Council of India that the petitioners are facing difficulties on account of lack of infrastructure. However, the Medical Council of India did not respond to the aforesaid communication by the State Government. The Medical Council of India which is under a statutory obligation to ensure that proper infrastructure and facilities are provided to the students so that they gain the necessary experience to treat the patients has failed to perform its duty. It is pertinent to note that not only the parents but even State Government had approached the Medical Council of India with the grievance that the College does not have requisite infrastructure and the teaching staff. However, the Medical Council of India did not examine the aforesaid aspect of the matter. The issue whether or not the existing infrastructure and the teaching faculty and other clinical facilities are sufficient for the petitioners cannot be determined by this court in exercise of powers under Article 226 of the Constitution of India. The stake holders viz., Central Government of India, Medical Council of India and the State Government are under an obligation to ensure that necessary infrastructure, teaching faculty and well equipped hospital where the petitioners get an exposure to deal with the patients is provided. The stake holders cannot shun their responsibility.
18. At this stage, it is pertinent to mention here that the decisions relied upon by the learned Senior counsel for the petitioners are of no assistance to the petitioners in the fact situation of the case as in all the aforesaid cases, the college had closed down. In the instant case, such an eventuality has not arisen. The decision with regard to closure of college has to be taken by the Central Government on the basis of the recommendations made by the Medical Council of India. Therefore, the relief as sought for by the petitioners at this point of time appears to be premature.
19. Therefore, in the fact situation of the case, I deem it appropriate to dispose of these writ petitions with the following directions:
(i) That the MCI shall depute a team to examine the college to ascertain whether existing infrastructure, teaching faculty and other clinical facilities and the hospital has adequate number of patients insofar as it pertains to the petitioners the aforesaid team after objective assessment shall submit the report to the MCI and the MCI on the aforesaid report shall take a decision on or before 30.09.2019. In case the infrastructure and other facilities including the teaching faculty are found to be deficient, the MCI, Central Government and State Government shall take a suitable decision for transfer of the students in government medical colleges in view of the undertaking furnished in essentiality certificate by the State Government (ii) The university in addition which is an affiliating body shall also conduct a separate inspection and share its report with the MCI.
(iii) The college as undertaken by it shall comply with the deficiencies within a period of three weeks from today.
(iv) Based on the report which may be submitted by the team of MCI the MCI shall take suitable decision in case of petitioners. In view of the undertaking given before this Court by the MCI, the MCI in case it finds the infrastructure, facilities and the teaching faculty as well as the hospital has sufficient number of patients for the petitioners, shall take a decision to recognize the degree of the petitioners.
(v) In case it is found that the facilities, infrastructure and the teaching faculty and other clinical facilities are sufficient in the report which may be submitted to the MCI, the amount of fee deposited by the petitioners for their 3rd year course shall be transmitted to the account of the college.
With the aforesaid directions, the petitions are disposed of.
Sd/- JUDGE SS