SOURABH BRALA AND ORversusUNION OF INDIA AND ORS.

                         [2018] 14 S.C.R. 901                              901


                   SOURABH BRALA AND ORS.                                  A
                                    v.
                    UNION OF INDIA AND ORS.
                 (Writ Petition (Civil) No. 571 of 2018)
                         DECEMBER 06, 2018
                                                                           B
            [R. F. NARIMAN AND M. R. SHAH, JJ.]
       Education/Educational Institutions: Medical college – MBBS
Course – Allegation of students of 1st year MBBS course that
respondent no. 5 College had not got its act in order – Students
sought transfer from respondent no. 5 College to any other college
in the State and be allowed to take examination after having               C
completed the first year of MBBS Course – Held: State Government
willing to take over medical students and respondent no. 5 College
with its infrastructure and assets so that it could meet both the
Medical Council of India’s norms and affiliate with the State Medical
University – Issuance of direction to the College to hand over the         D
land, building and all assets to the State Government, by next day –
On application being made by the State Government to the State
Medical University, the said University after making inspection
would proceed to take steps to grant affiliation to the respondent
no. 5 College and the Medical Council of India would grant
permission under the Medical Council of India Act – Henceforth,            E
the students who took the first year course could sit for the first
year examination of MBBS.
       CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil)
No. 571 of 2018
       Under Article 32 of the Constitution of India                       F
                                  With
       Writ Petition (C) No. 798 of 2018.
       Aman Lekhi, ASG, J. K. Sethi, Dy. Adv. Gen., Nidhesh Gupta,
Vikas Singh, Ajit Kumar Sinha, Sr. Advs., Akshat Shrivastava, Mrs. Pooja
Shrivastava, Tarun Gupta, Himanshu Sethi, Jatinder Kumar Bhatia,           G
Ashutosh Kumar Sharma, Gaurav Sharma, Dhawal Mohan, Prateek
Bhatia, Prasanna Mohan, Amitabh Sinha, Chandra Bhushan Prasad, Vijay
Prakash, Ms. Prerna Priyadarshni, G. S. Makker, Varun Tankha, Siddharth
Sharma, Advs. for the appearing parties.
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                                  901
902                 SUPREME COURT REPORTS                         [2018] 14 S.C.R.


A             The following Order of the Court was passed :
                                          ORDER
              1. The present Writ Petition has been filed by the students, who
      were admitted to the first year MBBS Course in the Respondent No. 5
      College. Mr. Nidhesh Gupta, learned senior counsel appearing for the
B     petitioners, has informed us that the total number of students who were
      admitted to the first year MBBS Course is 150. Despite having been
      taught for a period of 1 year, the petitioners have knocked at the doors
      of this Court for the reason that the Respondent No. 5 College has not
      got its act in order, as a result of which, they prayed that they be transferred
      from Respondent No. 5 College to any other College in the State and be
C     allowed to take their examination after having completed the first year
      of MBBS.
              2. We have heard Mr. J.K. Sethi, learned Deputy Advocate
      General of the State of Uttarakhand and Mr. Vikas Singh, learned senior
      counsel appearing on behalf of the Medical Council of India.
D             3. After hearing the learned counsel for some time, Mr. Sethi
      stated that he was instructed to make an offer before this Court which
      the court considered to be fair. Mr. Sethi states that the State Government
      would be willing to take over the students and the Respondent No. 5
      College itself, along with all its entire infrastructure and assets, movable
E     and immovable, so that it could then meet both the Medical Council of
      India’s norms and affiliate with Hemwati Nandan Bahuguna,
      Uttarakhand Medical University, Dehradun.
              4. We direct the Respondent No. 5 College to hand over the land,
      building and all assets, as stated hereinabove, to the State Government
      forthwith – to be completed latest by tomorrow, i.e., December 7, 2018.
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      This is only to allay an apprehension raised by Mr. Sethi that the
      management of Respondent No. 5 College should not be given any time
      to deal with the assets and/or infrastructure, as it exists, as of today.
              5. On an application being made by the State Government to the
      aforesaid University, the aforesaid University will, after taking an
G     inspection, as per its Statutes, proceed to take steps either to grant
      affiliation or otherwise, within a period of four weeks from the date on
      which the said application is made to it by the State Government.
      Likewise, once the State Government sets up the necessary infrastructure
      in terms of teaching staff etc., it will apply to the Medical Council of
H     India for its permission under Section 10A of the Medical Council of
      India Act.
SOURABH BRALA AND ORS. v. UNION OF INDIA AND ORS.                                     903


        6. We make it clear that if the aforestated University affiliates the         A
Institution and the Medical Council of India grants permission, the
students, who have taken the first year Course, can then sit for the first
year examination of MBBS, to be conducted by the affiliating University.
        7. In pursuance of our order for handing over possession today
itself, the Director General of Police, Dehradun, is directed to seal the             B
aforesaid premises forthwith. We make it clear that any litigation qua
this College, that may arise in future, can only be made before this Court
and no other.
        8. List on Thursday, the 13th December, 2018 as first item for
further hearing.
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Nidhi Jain                                          Directions for further listing.




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