Akil Kureshi, J.@mdashIn this group of petitions, we are concerned with career of large number of medical students, who had taken admission in a private self finance medical college by the name Kesar Sal Medical College (here-in-after referred to as "the college"). Students who are before us belong to different batches of the medical course (M.B.B.S.) offered by the college. Due to several reasons after the students were granted admissions, the college could not sustain the institution. Its recognition has been canceled by the Medical Council of India ("the MCI" for the short). The college is prohibited from granting fresh admissions in subsequent academic years. The teaching facility in the college also deteriorated. Fate of large number of bright students thus hung in balance. Without intervention of the Court perhaps, instead of obtaining M.B.B.S. degree, they would have had nothing further to show beyond passing 12th standard. All along we built an opinion that students were at no fault. We are therefore, of the opinion that for no fault of theirs, several young bright students should not meet with such a cruel fate. All through out, attempt of the Court therefore, was to ensure that in most equitable manner possible, the students should finish their studies of M.B.B.S. course and get a degree which would be recognized and they should also qualify for further studies in Post Graduation courses. To achieve this purpose, periodically several interim orders have been passed in these petitions. Before us we also have in form of precedence orders previously passed in similar situation. It is not necessary to refer to all such orders in this judgment. However, in line of such orders, we wish to provide for a formula which would apply to all these petitioners to see that the petitioners do not have to approach the Court time and time again at different stages of completion of the course by filing various applications because, we are anxious that medical students should be spending maximum time in their classes and pursuing their studies and not in the Court.
2. Brief factual parameters need to be noted at this stage:
2.1 Special Civil Application No. 2621/2009 has been filed by group of students who were the first batch to be admitted by the said college. These students were thus in their last year of M.B.B.S. course at the time of filing the petition. They had been granted admissions through Central Admission Committee with the approval of the MCI after following due procedure. On account of serious shortcoming noticed in the matter of imparting education in the said college, the MCI debarred the college from admitting new students in the academic year 2008-2009. This has caused serious impasse for all the students who were already admitted by the said college including the present petitioners. It is the case of these petitioners that whatever be the commissions and omissions of the college and whatever be the decision of the MCI, their career cannot be jeopardized by leaving them without a valid degree. They have therefore, prayed for directions to the respondents to transfer them to any recognized medical college affiliated to Gujarat University. They have relied on an order dated 19.9.2008 passed by the Division Bench of this Court in Special Civil Application No.10981/2008 and connected matters wherein the Bench under somewhat similar circumstances, ordered transfer of the students to another recognized college for the purpose of completing internship.
2.2 Special Civil Application No. 2792/2009 has been filed by the students who were granted admission in the said college in various years namely 2004, 2005 and 2006. These students belong to different batches of M.B.B.S. course. Though they are not in the last year of their course, anticipating that even upon completion of the course, their education will not be recognized and also since educational activities in the said college had come to a virtual halt, they have approached this Court praying that they may be transferred to a recognized Medical College affiliated to the Gujarat University.
2.3 Special Civil Application No. 2918/2009 has been filed by a student who was in the first batch of students to be admitted by the college. He also has prayed for transfer to a recognized Medical College.
2.4 Special Civil Application No. 2917/2009 has been filed by a group of students who belong to batch of students admitted in the year 2004 by the said college. They thus completed their degree course in March, 2009. They have prayed for transfer to a recognized Medical College affiliated to Gujarat University.
2.5 Special Civil Application No. 2794/2009 has been filed by those students who at the time of filing the petitions were pursuing the studies in the said college in first, second or third years of M.B.B.S. course. They have also prayed for similar reliefs as in other cases.
3. Stand of College before us has been that the college has not become defunct and at-least for remaining batches, the college would be in a position to impart education. The stand of MCI has been that recognition of the college has not been renewed. There are serious lacune in running of the college. The State Government has also been heard through the learned Advocate General from time to time.
4. In view of the above complications, previously, the Bench in its order dated 12.8.2009 in Special Civil Application No. 2792/2009 and connected matters had provided for formation of a Committee consisting of a representative of the State Government, Gujarat University as well as the Kesar Sal Medical College. Such a Committee was entrusted the task of making proper arrangements in the said college so that the students can continue their studies. The said formula was provided primarily to ensure that the students can complete their studies and can obtain a recognized degree. At the same time, the request of the petitioners for being transferred to other Medical Colleges was not accepted. Firstly, it may be noted that as pointed by the respondents there were only two Medical Colleges, namely, Smt. N.H.L. Municipal College and B.J. Medical College affiliated to Gujarat University in which 229 such students will have to be transferred as recorded in order dated 12.8.2009. Respective colleges also were not very sure of accommodating such large number of additional students in their colleges without creation of additional infrastructure. It was in this background that the above-mentioned Committee came to be formed. It would be useful to reproduce entire order dated 12.8.2009 hereto:
It is stated by the Advocate General that pursuant to our order dated 4th August, 2009, consensus have been reached between the parties under which students can continue their studies in Kesar Sal Medical College, for which proper arrangements shall be made in the said college. It is suggested by the counsel for either side that a Committee be constituted for proper management of the function of Kesar Sal Medical College, so that students will not be put to any inconvenience or difficulty. Under the circumstances, we feel it would be appropriate if a Committee is constituted, so that college can function effectively so as to provide proper facilities and assistance to the students pursuing their studies in Kesar Sal Medical College. Considering the above, we are inclined to constitute a Committee headed by Shri Ashok Bhatia, Former Additional Chief Secretary to Government of Gujarat. The Committee will consist of following members:
1. Dr. Bharat Shah, Dean, Government Medical College, Ahmedabad.
2. Joint Secretary, Health & Family Welfare Department, Government of Gujarat.
3. A Representative from Gujarat University as may be authorized by the Vice Chancellor.
4. Dean of Kesar Sal Medical College
5. A Representative of the Trust.
Learned Counsel submitted that the management would advance sufficient funds, so that the college could effectively function. It is stated by learned Counsel appearing for the management that they will provide sufficient funds for proper functioning of the college. Learned Advocate General submitted that Bank guarantee to the tune of Rs. 7 crores which was furnished, would have tobe kept alive. Learned Counsel appearing for the Trust submitted that Bank guarantee to the extent of Rs. 2 crores has already been expired, but even then they will provide sufficient funds to the college. Immediate arrangements shall be made by the Committee for continuing studies of the students in Kesar Sal Medical College. For any further direction, Committee can approach this Court.
Needless to say that it is the responsibility of the State Government to see that proper facilities are afforded to the students for their continuous studies in Kesar Sal Medical College, since they are undertaking the responsibility. We make it clear that it is open to the Medical Council of India to conduct periodical visits to the college to ascertain whether proper facilities are given to the students. This arrangement is made only for the studies of 229 students.
Direct service is permitted.
4. It appears that said arrangement is functioning satisfactory. At-least this Court has not received any complaints about any aspect of the functioning of the Committee. We may therefore, proceed on the basis that the students are receiving their coaching in the said college as overseen by the Committee and supervised by the MCI.
5. Some of the students have completed the courses. They have been ordered to be absorbed in Smt. N.H.L. Municipal College and B.J. Medical College for completing their internship without insisting on being paid stipend. Some of the students not only completed their internship but also sought admission in Post Graduation Medical Courses. In an interim order dated 1.10.2009 passed in Civil Application No. 10661/2009 in Special Civil Application No. 2621/2009, Division Bench directed to treat them as eligible to appear in entrance examination for Post Graduation Courses, provided they are found eligible in all respects.
6. Following categories of cases therefore, would have to be covered by this order:
Category-1
Set of students who have not only completed their M.B.B.S. Course, but have also finished their internship and have appeared in Post Graduation Entrance examination under the orders of the Court pending final disposal of the petitions.
Category-2
These are students who would be completing their internship this year and would be seeking the degree in M.B.B.S. and in some cases also admission to further Post Graduation courses.
Category-3
Students who would be completing their M.B.B.S. course this year and would need to enroll for internship in recognized institutions.
Category-4
Those students who would still be pursuing their M.B.B.S. studies in the said college and would be passing out in future years.
7. As noted earlier, we do not propose to keep these petitions pending and require the students to file different applications at different stages of completion of their courses. We propose to provide for a comprehensive order which would govern all situations.
8. We are guided by paramount consideration of saving the careers of the students who had been granted admissions in the said college by the Centralized Admission Committee at the time when the college was a recognized Medical College having been so recognized by the MCI. At the same time we are also conscious that these students in such a large numbers cannot be diverted at pre-M.B.B.S. stage to B.J. Medical College or N.H.L. Medical College without creation of additional infrastructure which would jeopardize education of many more brighter students already studying there.
9. With above purpose in mind, we give certain directions so that not only the students can complete the courses, but upon completion of their studies, they can pursue their internship in recognized institutions and obtain degree of M.B.B.S. which would be recognized for all purposes.
10. In special facts of these cases therefore, all the petitions as well as civil applications are disposed of with following directions:
(I)
a) In case of those students who have not only completed their M.B.B.S. course, but also complete their internship as permitted by this Court, they shall be granted M.B.B.S. Degree which would be recognized for all purposes.
b) For the above purpose, the institutions where the students complete the internship namely Smt. N.H.L. Municipal College and B.J. Medical College, as the case may be, shall issue necessary certificate after obtaining required records from the college. The college is directed to supply all necessary details as may be asked for by the said institutions. It will be open for the said institutions to specify on the certificate that concerned student had pursued his studies of M.B.B.S. in the Kesar Sal Medical College but that under the order of the Court he/she was permitted to complete the internship in the Smt. N.H.L. Municipal College and B.J. Medical College as the case may be.
c) However, in any case, degree of M.B.B.S. granted shall be recognized degree for all purposes including for further studies in Post Graduation Medical courses and students concerned shall be deemed to have passed the M.B.B.S. course from Gujarat University.
(II) Those students who were previously under the interim orders of the Court directed to be treated as qualified for Post Graduation Medical Courses shall also be granted Degree Certificate in above terms if not already issued. In any case, their admissions pursuant to appearance in such entrance test shall be regularized and shall be treated to have always been regular.
(III)
a) Those students who are at the verge of completing their M.B.B.S. course with the college, upon their successful passing, they shall be admitted for internship in Smt. N.H.L. Municipal College and B.J. Medical College depending on their merits and preferences for the purpose of completing their internship. They shall however, pay the prescribed fees to the concerned institution and shall file an undertaking before the institution that they shall not seek any stipend from the institution or the Government.
b) Upon their successful completion of internship, they shall be granted Degree Certificate on the same terms as provided in para.(I) above
(IV) Those students who are still pursuing their studies in different years of M.B.B.S. course, in their cases, the arrangement provided in the order dated 12.8.2009 for formation of the Committee shall continue to operate. Upon their completion of the course with the college, they shall be first permitted to complete their internship as per the arrangement made in para.(I) above on same terms and conditions. Thereafter upon completion of the internship, they shall also be granted Degree Certificate as provided therein.
V) Kesar Sal Medical College shall continue to provide for expenses for running of the course and shall continue to renew the bank guarantee which is in existence presently. In case the college fails to provide for the finance, it will be open for the authority to encash such bank guarantee.
