1. Heard Mr. Asim Amitav Das, learned Senior Counsel for the petitioners; Mr. Jyoti Pattnayak, learned Addl. Government Advocate for the State; Mr. Rajani Chandra Mohanty, learned counsel for the Medical Council of India; Mr. Pradipta Kumar Mohanty, learned Senior Counsel for the Medical College Opposite Parties 5 & 6); Mr. Anup Kumar Bose, learned Asst. Solicitor General on behalf of the Union of India, Ministry of Health & Family Welfare and Mr. Pitambar Acharya, learned Senior Counsel for the intervenor-student (Sai Smruti).
2. An affidavit has come to be filed by the Principal Secretary to Government of Odisha, Health and Family Welfare Department. The same is taken on record.
3. This writ application has come to be filed by the students of Sardar Rajas Medical College and Research Centre, Kalahandi bringing to the notice of the Court the situation that prevailed in the institution, due to which, it was not possible for them to pursue further education at the said institution and praying to pass necessary direction to protect the educational needs of the students.
4. This Court by Order No. 11 dated 14.09.2015 dealt with various issues raised in course of the writ application and insofar as the students of Sardar Rajas Medical College and Research Centre, Kalahandi is concerned, since the future of 124 students was in jeopardy, we directed the State Government as well as the Medical Council of India to take necessary steps for the purpose of their transfer to any other medical college so that, their education will not be in jeopardized as a one time measure.
5. Challenging the said order, the Medical Council of India approached the Hon''ble Supreme Court in Special Leave to Appeal (C) No. 28037 of 2015 and by order dated 30.9.2015, the Hon''ble Supreme Court passed an interim direction staying operation of the order insofar as it related to the M.K.C.G. Medical College, Berhampur and VSS Medical College, Burla.
It was made clear in the said interim order that the order would not come on the way of the High Court to re-examine the request of the writ-petitioner-students to transfer them to the colleges which are recognized by the Medical Council of India and to pass appropriate orders in this regard for the academic session 2015-16. To that extent, the impugned order of this Court dated 14.9.2015 vis-�-vis Sardar Rajas Medical College stood modified and it was clarified that the pendency of the SLP before the Hon''ble Supreme Court shall not come in the way of the High Court to decide the case on merits.
6. Subsequent thereto, by order dated 30.10.2015, the Special Leave to Appeal pending before the Hon''ble Supreme Court came to be disposed of, directing that the ad interim relief granted by the Hon''ble Supreme Court shall continue to operate till the High Court finally decides the petitions and the Hon''ble Supreme Court also observed that, it was open to the parties to make all submissions before the High Court and the High Court will decide the matter in accordance with law.
7. Subsequent to the aforesaid direction of the Hon''ble Supreme Court, the State of Odisha made a proposal to the Medical Council of India on 8.10.2015 for accommodation of the students in the following manner:
"xx xx xx With reference to the above matter, I am directed to request you for consideration of re-allocation of students of Sardar Rajas Medical College, Jaring, Kalahandi, as per the directions of the Hon''ble Supreme Court dated 30.9.2015 in SLP (C) No. 28037/2015.
The following is proposed for shifting/transfer of the students to three different recognized Medical Colleges of the State with request for increase of seats mentioned against each with one time permission.
For Students admitted in Sardar Rajas Medical College 2013-14-Total No. 100.
A. Hi-tech Medical College & Hospital, Bhubaneswar-increase of 34 seats.
B. IMS & Sum Hospital, Bhubaneswar-Increase of 33 seats
C. KIIMS, Bhubaneswar-Increase of 33 seats
Total-100 seats
For Students admitted in Sardar Rajas Medical College 2014-15-Total-24
A. Hi-tech Medical College & Hospital, Bhubaneswar-increase of 8 seats.
B. IMS & Sum Hospital, Bhubaneswar-Increase of 8 seats
C. KIIMS, Bhubaneswar-Increase of 8 seats.
Total - 24 seats.
In view of the order dated 1.10.2015 of the Hon''ble High Court of Orissa, the shifting/transfer process is to be completed within a period of two weeks, hence necessary one time permission as per the above proposal may kindly be accorded and communicated for further immediate action at this end to comply the orders of the Hon''ble Courts. xx xx xx"
8. Thereafter, the Government of India, Ministry of Health and Family Welfare convened a meeting with the Medical Council of India on 12.10.2015 and the following minutes were recorded:
"xx xx xx The stand of MCI was conveyed as under:--
a) Transfer of students can be allowed only if the State Government gives undertaking/declaration that the college would be closed down.
b) Students admitted under Government quota should be transferred to Government Colleges of the State only.
c) Students admitted under management quota should be transferred to private colleges of the State. xx xx xx"
9. In terms of the aforesaid minutes of meeting, the Government of Odisha were called upon to make a revised proposal for consideration by the Government of India, Ministry of Health and Family Welfare as well as the Medical Council of India and the revised proposal was submitted by the State of Odisha on 15.10.2015, the relevant portion of which is quoted as hereunder:
"xx xx xx With reference to the above matter, I am directed to submit herewith the revised proposal for transfer of 124 students of 2013-14 and 2014-15 batches from Sardar Rajas Medical College, Jaring, Kalahandi to three recognized Medical Colleges of the State, as per the directions of the Hon''ble Supreme Court dated 30.9.2015 in SLP (C) No. 28037/2015 and orders of Hon''ble High Court of Orissa dated 1.10.2015.
Proposal for shifting/transfer of the students to three different recognized Medical Colleges of the State with request for increase of seats mentioned against each with one time permission was submitted to GOI as well as MCI in the following manner.
For Students admitted in Sardar Rajas Medical College 2013-14-Total No. 100
A. Hi-tech Medical College & Hospital, Bhubaneswar-increase of 34 seats.
B. IMS & Sum Hospital, Bhubaneswar-Increase of 33 seats
C. KIMS, Bhubaneswar-Increase of 33 seats
Total-100 seats
For Students admitted in Sardar Rajas Medical College 2014-15-Total-24
A. Hi-tech Medical College & Hospital, Bhubaneswar-increase of 8 seats.
B. IMS & Sum Hospital, Bhubaneswar-Increase of 8 seats
C. KIMS, Bhubaneswar-Increase of 8 seats.
Total-24 seats. xx xx xx"
10. This revised proposal dated 15.10.2015 was considered by a joint meeting by the Government of India, Ministry of Health and Family Welfare; Medical Council of India and the representatives of the State of Odisha on 9.11.2015 with the following outcome:
"Minutes of meeting held in Ministry of Health and Family Welfare, New Delhi on 09.11.2015 at 03.00 PM with the representatives of MCI and State Government of Odisha in compliance with the order dated 03.11.2015 passed by the Hon''ble High Court of Orissa in W.P. No. 12224 of 2015-Subhalaxmi Dash and others v. State of Odisha and others.
In compliance with the directions passed by the Hon''ble High Court of Orissa in the above referred case, a meeting was convened by the Ministry of Health & Family Welfare with the representatives of the Govt. of Odisha and the Medical Council of India at 3.30 PM on 09.11.2015 in Room No. 149-A Wing, Nirman Bhawan, New Delhi to discuss and resolve the issue of transfer of MBBS students from Sardar Rajas Medical College. The list of participants is annexed.
02. At the outset, Joint Secretary (ME) invited the participants and informed that the Ministry had already taken a decision to permit the State Govt. of Odisha to transfer students from Sardar Rajas Medical College to other Medical Colleges subject to certain conditions, which was conveyed to the State Govt. of Odisha and the MCI on 06.11.2015.
03. Principal Secretary (Health), Govt. of Odisha expressed reservation of the State Govt. to one of the conditions laid down in the letter dated 06.11.2015 regarding shifting of students admitted in State Quota to Govt. Medical Colleges of the State and handed over a letter dated 07.11.2015 in this regard which quotes as under:--
"As per your letter that the students admitted under State quota shall be admitted in Government Medical Colleges of the State is not equitable as the students admitted in the Private Medical Colleges under Government (State) quota are also drawn from AIPMT list. It is an admitted fact that the students having highest percentile ranking, in order of merit opt for Government managed Medical Colleges as against the Private Colleges which are opted for by the students having secured far less percentage in terms of marking. So far as the students in the instant case are concerned, in terms of the order of merit they stand substantially lower in merit to those who have secured admission in Government Medical Colleges as well as other Private Medical Colleges. Thus placing students of Sardar Rajas Medical College at par with those of Government Medical Colleges would be giving unfair advantage to these students, as well as depriving other students having got admission in other private Colleges from availing of similar such benefits. Procedural lapses by the said Colleges cannot give a premium to the students of the College and the same would run counter to the principles of equality, justice and fair play. Every seat in the State run College is at an extreme premium and with a lot of efforts students manage to procure admission in these premium seats. The disparity in fee structure also is a matter of concern since students studying in other private Medical Colleges are deprived of similar benefits.
Whereas on account of default of the institute, the students of the said institute would gain undue advantage. Permitting the institute like Sardar Rajas Medical College committing such irregularities and then pass off their responsibilities would set a precedent and encourage such institutions perpetuating such breach of norms. In view of the facts stated supra, whilst the State Government is conscious of the predicament of the students considering the various aspects of the matter including the disparity of the marks and merit of the students and the fee structure, the workable solution arrived at by the State Government for transferring all the students admitted in the said college under the State Quota as well as the Management quota to the private Medical Colleges in consultation with the concerned private medical colleges, two of which are running under two Deemed Universities. The private medical colleges have agreed to the fees structure and allocation of the students of the Sardar Rajas Medical College."
04. Principal Secretary (Health), Govt. of Odisha has further clarified that 85% of the seats in Sardar Rajas Medical College were filled on the basis of AIPMT list and the remaining were filled under NRI quota. It has also been clarified that the State Govt. has negotiated with three private medical colleges for shifting the students and this fact has also been placed before the Hon''ble High Court of Orissa. She has therefore requested the Ministry of Health & Family Welfare to reconsider the matter and revise the conditions laid down in the Ministry''s letter dated 06.11.2015.
05. Secretary, Medical Council of India informed that the matter is required to be placed before the Executive Council of the MCI, as normally shifting of students is allowed only to Government Colleges.
06. Based on the above, the following decisions were taken:
(i) The matter would be referred to MCI who in turn will convey its view expeditiously.
(ii) A short adjournment would be requested from the Hon''ble High Court of Orissa."
11. Mr. R.C. Mohanty, learned counsel for the Medical Council of India submits that the Executive Committee Meeting has been called to be held on 27th November, 2015 to consider the proposal of the State of Odisha.
12. In the light of the aforesaid facts and circumstances as noted hereinabove, it appears that the main issue of difference between State of Odisha as well as the Medical Council of India relates to Clause-(b) of the Minutes of Meeting dated 12.10.2015 where Medical Council of India had suggested to the following effect:
"b) The students admitted under Government quota should be transferred to the Government Colleges of the State only."
It further appears that the State of Odisha for reasons which are highlighted in the affidavit filed by the State today have recorded objections to such a suggestion of the Medical Council of India, inter alia, on the ground that the students admitted in Sardar Rajas Medical College had not obtained the ranking required for admission into Government Medical Colleges and consequently, the State of Odisha was of the view that admitting such students into Government Medical colleges would essentially unfair.
Mr. R.C. Mohanty, learned counsel for the Medical Council of India submits that until the Executive Committee meets on 27th of November, 2015 and take a decision on the request of the State Government, Medical Council of India is unable to take any further decision but, it has no objections if the State accepts the earlier recommendations made by the Medical Council of India for accommodating students admitted under Government quota in the Government colleges of the State.
13. In the light of the situation that has arisen herein, we are anguished to note that since early July, this litigation regarding the future academic career of the students remains pending before this Court and we have practically been hearing this case till the end of the month of November. Unless the State of Odisha, Medical Council of India and the Union of India act in unison to protect the interest of the students, the academic career of the students remains jeopardy. We further find that the ground reality of the matter is otherwise.
14. Another fact which is of vital important also needs to be recorded herein. The State of Odisha have been seeking additional seats for two medical colleges i.e. Veer Surendra Sai Institute of Medical Sciences and Research (VIMSAR), Burla and The Maharaja Krishna Chandra Gajapati (MKCG) Medical College & Hospital, Berhampur. Although such approvals for increase of seats have not yet been granted by the Medical Council of India, yet, it is the stand of the State in its application before the Medical Council of India that the necessary infrastructure as well as the man-power required for increase of seats is available with it subject to, of course, the verification by the Medical Council of India as per the new guidelines.
In the light of the aforesaid fact, we are of the considered view that no real purpose would be served if this difference of opinion between the State Government and Medical Council of India is allowed to continue to fester and effectively result in loss of academic career of the students. We think that the circumstances in the present case warrant our intervention in this matter and consequently, while not questioning the logic or rational stated by the State Government in its affidavit filed today, we are of the considered view that the best interest of the State as well as the students would be sub-served if the conditions recorded under Clause-(b) & (c) in the minutes of meeting held on 12.10.2015 by the Government of India, Ministry of Health and Family Welfare with the Medical Council of India are immediately complied with by the State Government. The said condition/stand of the Medical Council of India, for the sake of clarification, is noted as hereunder:
"a) Transfer of students can be allowed only if the State Government gives undertaking/declaration that the college would be closed down.
b) Students admitted under Government quota should be transferred to Government Colleges of the State only.
c) Students admitted under management quota should be transferred to private colleges of the State."
Insofar as Clause-(a) is concerned, the same cannot be given effect to in view of our order dated 14.9.2015, where we have noted as follows:
"It is in the best interest of the State and the Nation that such an institution is not allowed to close down but, remedial steps be taken by the State in consultation with all the stake holders i.e. how to revive the institution in order to serve the needs of the public of the State and the local area in which it is located."
Therefore, insofar as Clause-(b) & (c) are concerned, since adequate infrastructure and academic teaching staff are available, at least at two Government medical colleges, in which seats increase is sought for from the Medical Council of India, there is no justifiable reason as to why the students who have been admitted in Government quota at Sardar Rajas Medical College cannot be accommodated either at VIMSAR, Burla or MKCG Medical College, Berhampur whichever may be suitable. Insofar as the other students admitted under management quota is concerned, the State is at liberty to offer them seats at any other private medical college.
15. We are of the considered view that rather than raising disputes between the State and Medical Council of India, the focus ought to be on the future educational needs of the students and keeping with such spirit, the aforesaid order has been directed. Therefore, we are of the further view that the revised proposal of the State of Odisha pending before the Executive Committee of the Medical Council of India need not be considered in view of our aforesaid direction. The State Government may take expeditious steps to comply with this direction preferably, within a period of two weeks from today and report thereof be filed within a further period of one week therefrom, apart from intimating the Medical Council of India as to the institutions where these students have been accommodated.
16. List this matter on 9th December, 2015.
In the meanwhile, learned counsel for the State is directed to file status report regarding the steps taken for increase of seats at MKCG Medical College, Berhampur and VIMSAR, Burla.
17. Free copy of this order be handed over to the learned counsel for the parties concerned. Urgent certified copy of this order be granted on proper application.
Misc. Case No. 15738 of 2015
An affidavit has come to be filed by the Principal, Sardar Rajas Medical College (Opposite Party Nos. 5 & 6).
The same is taken on record. Copy of the same be served on the learned counsel for the other parties.
