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REPORTABLE  IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL/APPELLATE JURISDICTION WRIT PETITION (CIVIL)  NO.  469 OF 2014

HIND CHARITABLE TRUST SHEKHAR HOSPITAL  PVT. LTD.   PETITIONER(s)

                               VERSUS UNION OF INDIA & ORS.                       RESPONDENT(s)

WITH W.P.(C) No. 700/2014 W.P.(C) No. 705/2014 W.P.(C) No. 706/2014 W.P.(C) No. 707/2014 SLP(C)  No. 21765/2014 SLP(C)  No. 22755/2014 SLP(C)  No. 22756/2014 SLP(C)  No. 22757/2014 SLP(C)  No. 22758-22759/2014 SLP(C)  No. 22974/2014 W.P.(C) No. 784/2014 SLP(C)  No. 23512/2014 SLP(C)  No. 23777/2014 W.P.(C) No. 757/2014 W.P.(C) No. 799/2014 SLP(C)  No. 22785/2014 SLP(C)  No. 23476/2014 SLP(C)  No. 23547/2014 SLP(C)  No. 24150-24151/2014 SLP(C)  No. 24154/2014 T.P.(C) No. 1217/2014 SLP(C)  No. 24665/2014 SLP(C)  No. 24913/2014 W.P.(C) No. 819/2014 SLP(C)  No. 24686/2014 SLP(C)  No. 25763/2014

O R D E R

Heard the learned senior counsel appearing for both  the sides.

Looking at the peculiar facts and circumstances of  the case and, especially, when several seats for medical  admission are likely to remain vacant for the academic

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year  2014-15,  we  are  of  the  view  that  these  matters  require  urgent  consideration  and  we  are  giving  these  interim directions under the provisions of Article 142 of  the Constitution of India.  

There is one more reason for passing this interim  order.   We  are  conscious  of  the  fact  that  number  of  physicians  in  our  country  is  much  less  than  what  is  required and because of non-renewal of recognition of  several medical colleges, our citizens would be deprived  of a good number of physicians and therefore, we are  constrained to pass this order, whereby at least there  would be some increase in the number of physicians after  five years.  We are running against time because the last  date  for  giving  admissions  to  MBBS  Course  for  the  academic year 2014-15 is 30th September, 2014.

We also desire to reconsider the directions given  by this Court in the judgment of Priya Gupta v. State of  Chhattisgarh [(2012) 7 SCC 433], but at this juncture, as  we  do  not  have  sufficient  time  to  decide  all  these  petitions finally, we are passing this interim order and  the  matter  with  regard  to  reconsideration  of  the  aforestated judgment would be considered while finally  disposing of this group of petitions.

It  has  been  submitted  on  behalf  of  the  learned  senior  counsel  appearing  for  all  the  petitioners/  respondents, who are managing medical colleges, that the

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defects which had been recorded at the time of the last  inspection by the representatives of the Medical Council  of India have been duly rectified and at present, the  defects pointed out in the reports do not exist.  The  said  fact  can  be  ascertained  only  by  having  a  fresh  Compliance Verification/Inspection.  However, the stand  taken by the Central Government and the Medical Council  of India is to the effect that no such inspection can be  undertaken in the present academic session because of  paucity of time and it would violate the time schedule  laid  down  by  this  Court  in  the  case  of  Priya  Gupta  (supra).

The  learned  senior  counsel  appearing  for  the  Medical  Council  of  India  has  also  submitted  that  the  petitioners  do  not  have  any  legal  right  for  getting  renewal of the recognition, especially in view of the  fact  that  the  Verification/Inspection  Reports  are  not  available for the period in question.  The learned senior  counsel  has  relied  upon  some  of  the  Judgments  to  substantiate his case and according to him, it would not  be just and proper to permit the said medical colleges to  take fresh batch of students.

Looking at the peculiar facts of the case and the  circumstances  stated  hereinabove,  we  direct  the  petitioners  to  file  undertakings  by  President/Chairman  and Secretary of the petitioners' institutions running

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medical colleges within 10 days from today, to the effect  that there is no defect in the medical colleges run by  them and they would also state that their deposit with  the MCI, which is around Rs.10 crores, be forfeited by  way of penalty if the statement made in the undertaking  is  found  to  be  incorrect  at  the  time  of  the  next  inspection. A draft undertaking has been given to this  Court.  A copy of the undertaking, which might be filed  by the institutions, shall be served upon the office of  the Medical Council of India as well as to the Ministry  of Health and Family Welfare, Govt. of India, New Delhi.

  We also record the fact that in the recent past,  

the Medical Council of India has renewed recognition of  Government Medical Colleges on the basis of undertakings  and therefore, we see no reason not to permit the private  colleges to admit students on the basis of undertakings  given by their office bearer as a special case.

  Notwithstanding any direction given in the case of  

Priya  Gupta (supra),  if  undertakings  as  stated  hereinabove  are  filed  by  the  institutions  managing  medical  colleges  for  the  academic  year  2014-15,  admissions shall be given to the students from the merit  list prepared by the States and they shall be charged  fees prescribed by the Government Medical Colleges of

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their respective States. The State Authorities, i.e., the  Directorate  of  Medical  Education  &  Research,  of  the  respective States shall send students, in order of their  merit, to the medical colleges run by the petitioners,  which are situated within their States, within one week  from the date of receipt of a copy of this order and the  said students shall be admitted to the MBBS Course in  accordance with the rules and regulations of the MCI and  also regulations dated 16.04.2010 framed by the Medical  Council  of  India,  provided  undertakings  as  mentioned  above are filed on behalf of the concerned institutions.  

It is also clarified that there would be no further  counselling in respect of the students who are to be  given admission, even if it might result into some heart  burning among other students, but in the peculiar facts  of the case, we give this direction.   

In no case, the admission shall be given after 30th  

September, 2014. This order shall also apply to all the  institutions which had filed their petitions earlier for  renewal of their recognition for the academic year 2014- 15, but their petitions were rejected or withdrawn for  whatever  reason,  provided  undertakings  as  stated  hereinabove  are  filed  by  President/Chairman  and  the  Secretary  of  those  institutions.  All  those  petitions  shall be deemed to have been revived and this order shall  be deemed to have been passed in those cases also.  This

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order shall only be in respect of renewal of recognition  and  not  for  creation  of  additional  seats  or  for  new  colleges.

We  also  record  that  the  Union  of  India  has  supported the petitioners in the interest of students.  We also direct the Union of India to give wide publicity  to this order in print as well as electronic media in the  interest of the concerned students.   

It is directed that the list of students getting  admission in pursuance of this order shall be placed on  record  of  this  Court  by  1st October,  2014  by  the  concerned institutions and a copy thereof shall also be  sent to the MCI.   

These matters shall be treated as part-heard and  shall be notified for further hearing in the month of  December, 2014.

.......................J.               [ANIL R. DAVE ]  

.......................J.               [VIKRAMAJIT SEN]  

.......................J.               [UDAY UMESH LALIT]

New Delhi; September 18, 2014.