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PETITIONER: BABA MUNGIPA MEDICAL COLLEGE AND RESEARCH CENTRES STUDENTS G

       Vs.

RESPONDENT: GOVERNMENT OF TRIPURA & ORS.

DATE OF JUDGMENT:       03/11/1997

BENCH: SUHAS C. SEN, M. JAGANNADHA RAO.

ACT:

HEADNOTE:

JUDGMENT:                THE 3RD DAY OF NOVEMBER, 1997 Present:               Hon’ble Mr. Justice Suhas C.sen               Hon’ble Mr. Justice M. Jagannadha Rao P.P. Tripathi,  Y.P. Mahajan,  Anil Katiyar, Maninder Singh, Ms. Lira Goswami, Ms. Ameeta V. Duggal, Rajiv Mehta, for the appearing parties.                          O R D E R      The following Order of the Court was delivered:      Baba Mungipa  Education Trust,  sought to  establish  a Medical College  in Tripura.   According to the trust, there was no  Medical College  in Tripura  and the  Trust tried to meet a  long felt  need in  that State.  It applied  to  the Central Government  for permission  to set up the College as required by  the Indian  Medical Council  Act, on 1.11.1994. No action  was taken  on this application.  Aggrieved by the inaction of  the Central  Government, the trust took various legal proceedings  Ultimately by  an order  dated 21.7.1995, this  Court   directed  the   Central  Government   to  take expeditious steps  for processing  of  the  application  and disposing it  of in accordance with law in consultation with the Medical Council of India.      From  time   to  time,   this  Court  has  given  other directions.  The trust was successful in its effort to get a provisional affiliation  of the College from the University. It has  been stated on behalf of the Trust that they had set up the  College and  admitted students  to  the  first  year class.   But after some time, because of the inaction by the University and  the Central  Government, classes  had to  be suspended. It is not disputed that no classes have been held for several years now.      The case of the Trust is that there is no reason not to grant recognition to this college,  Some deficiencies in the facilities to  be provided by the College have been noted by the Medical  Council of  India.  Those defects will be cured once the   College  gets recognition.  If the College is not recognised by  the Medical  Council, the  students who  have already been  admitted will be seriously prejudiced.  It has been prayed  on behalf of the students also that the Medical Council of  India should be directed to grant recognition to

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the College set up the Trust.      An inspection was carried out by the Medical Council on the direction  given by  this Court  on 28th  July, 1997.  A copy of  the Inspection Report has been filed in this Court. It appears  from the  Report that  the said  inspection  was carried out  by a  team of  doctors deputed  by the  Medical Council of  India on  23rd and  24th September,  1997.   The Report noted  various deficiencies  in the College,  It also noted that  the College  does not have a proper building and has not yet acquired the land to construct the building.  On behalf of  the College  authorities, it has been stated that the land is expected to be given by the Government very soon and construction will start immediately.      We are  of the  view that  until and unless the defects pointed out by the Medical council are removed, there cannot be any question of granting recognition to the College.  The College authorities  will be  entitled to  cure the  defects pointed out  in the  Report.  After curing the defects, they may apply  o the  Medical Council  for a further inspection. It is for the Medical Council of India to decide whether the College had  all the facilities for imparting proper medical education.   But on  the facts brought out in the Report, no direction can  be given  to the  Medical Council of India or the Union of India to take any step for granting recognition to the  College.   Admission of  first year  students to the College even  before grant of the recognition by the Medical Council of India or affiliation by the University was a very irresponsible step.   The  College is  directed not to admit any student till it obtains proper recognition I.A. No. 5 is disposed of as above.