Holding

The college must be closed for non‑compliance, and the MCI and the competent state authority must, upon application, transfer the affected students to other medical colleges within three months.

Summary

The petitioners were students admitted to a private medical college in Uttar Pradesh that was later found to lack the laboratory facilities and faculty required under the 1993 Medical College Regulations. The Supreme Court, recalling its earlier order dated 4 May 2001 directing an inspection by the Medical Council of India (MCI) and warning of possible closure, held that the college must be closed for non‑compliance. However, recognizing that the students' careers were at risk, the Court directed the MCI and the Directorate of Medical Education, Uttar Pradesh, to admit the affected students to other medical colleges in the state upon their application, to be completed within three months. The writ petitions were consequently disposed of without costs.

Issues considered

Whether students admitted to a medical college that is closed for non‑compliance with the 1993 Medical College Regulations are entitled to be transferred to other colleges.
Whether the Court can direct the Medical Council of India and the State Directorate of Medical Education to arrange such transfer.
Whether the closure of the college is justified under the regulations and prior Court orders.

Subjects

Medical educationCollege closureStudent transferMedical Council of IndiaRegulation 1993Writ petitionArticle 32Justice

Judgment

A ASHEESH PRATAP SINGH AND ORS. ,._
v.
UNION OF INDIA & ORS.

MARCH 11, 2002

B [S. RAJENDRA BABU AND RUMA PAL. JJ.]

Education

Medical college-Lack of adequate facilities as per standards fixed in ''""(
c the Establishment of New Medical colleges, Opening of Higher Courses of
Study and Increase of Admission Capacity in Medical Colleges Regulation,
1993-0rder of closure of the college-Held, students would be transferred
to different college in view of the fact that their career would be affected
.._
The issue in the present Writ Petitions was whether the petitioners/ ·
D students w~o got admission in a medical college were to be transferred to other
medical colleges after the medical college was closed because of non-
compliance of standards- as per The Establishment of New Medical Colleges,
Opening of Higher Courses of study and Increase of Admission Capacity in
Medical Colleges Regulation, 1993.
- r-

E
This Court in another case had ordered on 4.5.2001 for inspection of
the college by Medical Council of Iridia with reference to deficiencies as per
standards fixed in the .1993 Regulations. The Court had also made it clear
that ifthe college did not come up to ~he standards, the Court would consider ~

the closing of the college and pass order for absorption of the students in other
F colleges. I
~

Disposing of the petitions, the Court

HELD: In the light of the ·order made by this Court on 4.5.2001 the
r-
institution will have to be closed on account of non-compliance of the directions
G issued by this Court. However, since the career of the students is at jeopardy,
in the interest of justice, the Medical Council of India and the concerned "'
Directorate of Medical Education or any other competent authority in the
State of U.P., who has the power to transfer the students from one institution.
to another, on appropriate application being made by the concerned
petitioners, shall initiate all the necessary steps to accommodate them in
H 360
)-
ASHESH PRA TAP SINGH v. U.0.1. [RAJENDRA BABU, J.] 361
different colleges in the State of U.P. [362-C-D; 362-F-G) A
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 8 of
2001. .

(Under Article 32 of the Constitution of India.)
WITH B
W.P. (C) No. 76 of 2001.
Tripurary Ray and Vishwajit Singh for the Petitioners.
Tapash Chandra Ray, A. Mariarputham, Maninder Singh, Raj Kumar
Gupta, Sheo Kumar Gupta and A.N. Bardiyar for the Respondents. C
The Judgment of the Court was delivered by
RAJENDRA BABU, J. Writ Petitioners [32 in all] in these petitions
qualified themselves in the CPMT Examination held in June 1998 for
admission to medical colleges in the State of U.P. They were called by the
respondents for counselling for the MBBS seats available in Azamgarh Medical D
College run by the All India Children Care & Educational Development
Society, respondent in C.A.No.3237/1999. They deposited the necessary fees
and started attending the classes from July 12, 1999 and the lst Professional
examination was held in May 2000 and all of them have cleared their first
professional. When they came to join the 2nd professional course, they found E
that there were neither lab facilities nor sufficient teachers for teaching and
conducting the course and practical classes for the 2nd professional. However,
on the assurances given to them at a parent-management meeting held on
25.7.2000 about providing adequate facilities, they joined the course.
However, at this stage, it is pertinent to state that considering the fact F
that a large number of students will be affected, this Court, in C.A.
No. 3237/1999, gave the following directions by order dated 4.5.2001:

"Having perused the statements furnished by the College and the
Medical Council of India and also the letter of the Director General
of the Medical College of the State of U.P. in regard to compliance G
of requirements of I 993 Regulations, we are of the opinion that it
would be just and appropriate to permit the College to start after
making due arrangements, imparting institution to the existing students
who have passed !st year of the MBBS course within two weeks
from today. The College shall be inspected by the Medical Council
of India with reference to the deficiencies pointed out as per the H
362 SUPREME COURT REPORTS [2002) 2 S.C.R.

A standards fixed in 1993 Regulations in the first week of August 2001
after due notice to the applicant-respondent College. The report
whereof shall be submitted in this Court in the 2nd week of August
2001 by the MCI. Further orders on the I.As will be passed on the
basis of inspection report of MCI. However, we make it clear that if
the college does not come up to the standards fixed under 1993
B Regulations, we will be constrained to consider the question of ordering
closure of the College and at that stage appropriate order for the
absorption of the students in other colleges of Uttar Pradesh will be
passed, if considered necessary. We also make it clear that this
arrangement is without prejudice to the contentions raised by the
c Medical Council of India in the appeal."

Inasmuch as, by our judgment in C.A.No.3237/1999 pronounced today,
we have set aside the order made by the High Court holding that there is a
deemed permission in favour of the respondent therein, and in the light of the
order made by this Court on 4.5.2001 the said institution will have to be
D ·Closed in the event of non-compliance of the-directions issued by this Court,
the career of the students is at jeopardy and this aspect cannot be seriously
disputed. Learned counsel appearing for the Medical Council of India submitted
that suitable arrangement could be made to accommodate these students in
different medical colleges in the State of U.P. with the cooperation of .the
--
E Government of U.P.
Having regard to the facts and circumstances of the case and in the
interest of justice, we direct that the Medical Council of India and the
concerned Directorate of Medical Education or any other competent authority
in the State of U.P., who has the power to transfer the students from one
F institution to another, on appropriate application being made by the concerned
petitioners, shall initiate all the necessary steps to accommodate them in
different medical colleges in the State ofU.P. within a period of three months
from today.

The writ petitions shall stand disposed of accordingly. No costs.
G
K.K.T. Petitions disposed of.