Supreme Court - Daily Orders
Sarvepalli Radhakrishnan University vs Union Of India on 14 December, 2017
Bench: S.A. Bobde, L. Nageswara Rao
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ITEM NO.1 COURT NO.7 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 1001/2017
SARVEPALLI RADHAKRISHNAN UNIVERSITY & ANR. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(WITH APPLN.(S)- IA No.105679/2017-APPLICATION FOR
STAY/DIRECTION and IA No.105682/2017-EXEMPTION FROM FILING O.T.
and IA No.114601/2017-APPROPRIATE ORDERS/DIRECTIONS and IA
No.116275/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS and IA
No.118863/2017-CLARIFICATION/DIRECTION and IA No.
130433/2017-CLARIFICATION/DIRECTION and IA No.136573/2017-
PERMISSION TO FILE ADDITIONAL DOCUMENTS)
WITH
W.P.(C) No. 1047/2017 (X)
Date : 14-12-2017 These petitions were called on
for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE
HON'BLE MR. JUSTICE L. NAGESWARA RAO
For Petitioner(s) Mr. Nidhesh Gupta, Sr. Adv.
Mr. B.M. Chhatterjee, Sr. Adv.
Mr. Sumit Nema, Sr. Adv.
Mr. Amalpushp Shroti, AOR
Mr. M.Y. Deshmukh, Adv.
Mr. R. Basu, Adv.
Ms. Vriti Gujral, Adv.
Mr. Y. Shiva Santosh Kumar, Adv.
Mr. Puneet Varsheney, Adv.
Mr. Aditya Sanghi, Adv.
Mr. Aman Pandey, Adv.
Mr. Harsh Parashar, AOR
For Respondent(s) Mr. Vikas Singh, Sr. Adv.
Signature Not Verified
Mr. Gaurav Sharma, AOR
Digitally signed by
CHARANJEET KAUR
Date: 2017.12.14
Mr. Prateek Bhatia, Adv.
Mr. Dhawal Mohan, Adv.
17:44:02 IST
Reason:
Mr. Abhishek, Adv.
Ms. Mansi Sharma, Adv.
Mr. Amandeep Kaur, Adv.
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Mr. A.N.S. Nadkarni, ASG
Mr. Merusagar Samataray, Adv.
Ms. Swarupama Chaturvedi, Adv.
Ms. Lhingneivah, Adv.
UPON hearing the counsel the Court made the following
O R D E R
On 14.08.2017, this Court observed that the High Court had permitted admission of the students before the result of the inspection. This Court was thus, constrained to observe that the admissions that may have been given by the respondent-college will be completely provisional in nature and shall be dependent on the result of the inspection.
The Medical Council of India (MCI) carried out an inspection on 25/26.09.2017. The result of the inspection is that the college has been found to be deficient. It is contended on behalf of the college that the deficiencies are not serious and are only in one area, the other areas being complaint.
We are, however, not inclined to go into this aspect of the matter since the college has been found to be deficient. In fact, we may observe that there are some features of the inspection report which suggests a clear deficiency in the functioning; such as a report regarding the blood bank shows that a number of units dispensed in a day is zero unit on the day of the inspection in a hospital which has 410 3 beds. It further appears that the absence of faculty in the medical college was sought to be explained by the college by presenting to the MCI a document that 5 faculty members and 1 Resident were summoned to the police station in some case strangely where they were complainants in regard to a motor accident. The deficiencies have been found in regard to occupancy to a significant extent. In any case this Court hereby accepts the inspection since we are not inclined to go into the disputes on facts raised on behalf of the petitioner-college.
According to Shri Vikas Singh, learned senior counsel appearing for the MCI, the occupancy that was shown was also contrived for the occasion and the patients were not genuine. The learned counsel has pointed out certain other aspects which we are not inclined to go into at this stage considering the order we propose to pass.
Altogether, as far as aspect of inspection is
concerned, we are satisfied that the
petitioner-college has failed in the said
inspection. Therefore, the inevitable result must be
the consequence set out by this Court in order dated 14.08.2017. We accordingly, direct that the admission of the students in the petitioner-college 4 shall be cancelled.
In this case, there is nothing on record to suggest that the students have any complexity or any role in the deficiencies. We, therefore, consider it expedient in the interests of justice to direct that the students shall be accommodated by the State of Madhya Pradesh in such colleges as possible with their merits in accordance with law. Such admission may be a fresh admission, if the college is different, for the session 2017-2018.
Shri Vikas Singh, learned senior counsel has brought to our notice the order passed by a Bench of this Court headed by Hon'ble the Chief Justice of India, where the college has been directed to compensate the students for having required them to sit in a deficient college. The college concerned was asked to refund the fees. We do not propose to make that order at this stage. The petitioner-college is directed to show cause why such an order should not be made on the next date of hearing.
ENQUIRY During the course of hearing Shri Vikas Singh, learned senior counsel appearing for the MCI and Shri A.N.S. Nadkarni, learned Additional Solicitor General 5 appearing for the Union of India submitted that inspection shows that the college has depicted fake patients who were not patients or merely shown to be lying on the beds in an attempt to show occupancy.
Shri Nidhesh Gupta, learned senior counsel appearing for the petitioner-college vehemently opposed this and submitted that the patients are indeed genuine and in fact there are medical records pertaining to the said patients which are produced before us. We find that we are not in a position to determine the truth or otherwise of the allegations. However, if the allegations of the MCI are correct, it is obvious that a serious offence as contemplated by Section 193 of the Indian Penal Code may have been made out.
In the circumstances of the case, we consider it appropriate to direct an enquiry to be conducted into the truthfulness of the statistics, reports and the material placed before this Court along with the present petition by the petitioner-college. Since the matter is technical in nature in the sense it involves knowledge of the functioning of a hospital; the nature of treatment that is given to patients suffering from particular diseases and whether there is the need for hospitalization, we consider it 6 appropriate in the interests of justice to direct that a Committee shall be constituted headed by a senior officer deputed by the Director, C.B.I. and two Doctors of All India Institute of Medical Sciences (AIIMS). The members shall be nominated by the Committee within a period of 15 days from the date a copy of this order is produced before the concerned authorities. The Committee may visit the college and shall have access to all such information as may be required by it for determining the matters referred to it. The petitioner-college shall fully cooperate with the said Committee. The MCI shall also provide any material relating to the inspection in question to the Committee. The Committee shall submit its report within a period of three months from the first inspection. The first inspection shall be made by the Committee within one week of its constitution.
A copy of the order shall be sent to the Director, C.B.I. and the Director, AIIMS forthwith.
List after the report is received.
[ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ]
A.R.-cum-P.S. Asstt. Registrar