Sikkim High Court
Laishram George Funda & Ors vs Union Of India And Ors on 7 October, 2015
Author: S.P. Wangdi
Bench: S.P. Wangdi
HIGH COURT OF SIKKIM : GANGTOK
(Civil Extra Ordinary Jurisdiction)
DATED : 7th OCTOBER, 2015
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S.B. : HON'BLE MR. JUSTICE S. P. WANGDI, JUDGE
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WP (C) No.6 of 2015
Petitioners : 1. Mr. Laishram George Funda,
S/o L. Rajendra Singh,
R/o Lairik Yengbam Leikai,
Salangthong
P.O-Lamlong Bazar, P.S-Lamphel,
District-Imphal East,
State-Manipur-795010.
2. Mr. Jewel Deka,
S/o Dr. Rana Deka,
R/o Ritu Raj Enclave,
E3 MRD Road Silpukhuri Guwahati,
P.O : Silpukhuri, P.S : Chandmari,
District - Kamrup (M),
State-Assam
Pin Code : 781003.
3. Mr. Srinivas Achaju Newar,
S/o Dr. Tej Bahadur Newar,
R/o Hawakhana, Tura, West Garo Hills,
P.O- Tura, P.S-Tura,
District-West Garo Hills,
State- Meghalaya
Pin Code - 794001.
4. Mr. Anamitra Shivam,
S/o Dr. S. K. Borthakur,
R/o 5/C Shivangi Apartment,
Baghorbari, Guwahati,
P.O - Panjabari, P.S - Salgaon,
District - Kamrup (M)
State-Assam
Pin Code - 781037.
2
WP(C) No.6 of 2015
Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
&
WP(C ) No.12 of 2015
Sikkim Manipal University & Anr. Vs. Union of India & Ors.
5. Ms. Priyanka Bhama,
D/o. Balwan Bhama,
R/o. H. No - 35A,
Near I.T. Complex Bangaon Beltolla,
Guwahati,
P.O - Beltolla, P.S- Basistha,
Dist - Kamrup(M),
State-Assam,
Pin Code - 781028
6. Ms. Debina Sinam,
D/o. S. Dhananjoy Singh,
R/o Sagolband Meino Leirak,
Manung Maisnam,
Nongthonbam Leikai,
P.O- Imphal, P.S -Imphal West,
District-Imphal West,
State- Manipur,
Pin Code-795001.
7. Mr. Himanshu Kumar Pathak,
S/o Bhaban Chandra Pathak,
R/o Kushal Nagar,
P.O-Bamunimaidan, P.S-Chandmari,
District-Kamrup(M),
State-Assam,
Pin Code-781021.
8. Ms. Ayekpam Mississipi Chanu,
D/o Ayekpam Ibomcha Meitei,
R/o Sagolband Tera Bazar,
Loukrakpam Leikai,
P.O-Imphal, P.S- Lamphel,
Dist-Imphal West,
State-Manipur,
Pin Code-795001.
9. Ms. Sonalika Ningthoujam,
D/o Ningthoujam Dhiren Singh,
R/o Wahengbam,
Leikai Makha Leirak,
P.O-Imphal, P.S-Imphal West,
District- Imphal,
State-Manipur,
Pin Code 795001.
3
WP(C) No.6 of 2015
Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
&
WP(C ) No.12 of 2015
Sikkim Manipal University & Anr. Vs. Union of India & Ors.
10. Ms. Narmy Thangjam,
D/o. Thangjam Priyobrata,
R/o Keishampat Aheibam Leikai,
P.O-Imphal, P.S- Imphal West,
District-Imphal West,
State-Manipur,
Pin Code 795001.
11. Ms. Sumitra Longjam,
D/o. Longjam Shyamanda Singh,
R/o. Sagolband Heinoupok,
Langjing Achouba,
P.O-Imphal, P.S-Imphal West,
District-Imphal West,
State-Manipur,
Pin Code 795113.
12. Mr. Khumanthem Tejendro Singh,
S/o Kh. Okendro Singh,
R/o. Awangkhunou Maning Leikai,
P.O-Langjin, P.S- Patsoi,
District-Imphal West,
State- Manipur,
Pin Code 795113.
13. Ms. Loitongbam Monica Devi,
D/o. Loitongbam Gopendro Singh,
R/o Langjing Achouba, N.C. Road,
P.O-C.R.P.F. Langjing,
P.S-Lamphel,
District-Imphal West,
State-Manipur,
Pin Code-795113.
14. Ms. Neha Sharma,
D/o Dr. C.S. Sharma,
R/o Class I Quartar,
STNM Gangtok,
P.O-General Post Office Gangtok,
P.S-Sardar Police Station,
District-East Sikkim.
4
WP(C) No.6 of 2015
Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
&
WP(C ) No.12 of 2015
Sikkim Manipal University & Anr. Vs. Union of India & Ors.
15. Ms. Sushmita Salam,
D/o Salam Rupkumar Singh,
R/o. Sagolband Tera,
Lukram Leirak,
Imphal West Manipur,
P.O-Imphal West, P.S-Imphal West,
Pin Code-795001.
16. Ms. Heikrujam Jessica Devi,
D/o. Heikrujam Imocha Singh,
R/o. Porompat Thawanthaba Leikai,
P.O-Porompat, P.S-Porompat,
District Imphal, East,
State - Manipur,
Pin Code 795005.
17. Ms. Thangjam Graciela,
D/o. Th.Gopendra Singh,
R/o. Khonghampat Mayai Leikai,
P.O-Mantripukhri, P.S-Sekmai,
District Imphal, West
State - Manipur,
Pin Code-795002.
18. Ms. Ankita G. Cheleng,
D/o. Dr. Navjyoti Cheleng,
R/o. Rontix Hospital Complex,
Nh-38 Margherita,
P.O-Margherita, P.S- Margherita,
District - Tinsukia,
State - Assam,
Pin Code -786181.
19. Ms. Aishwarya Gupta,
D/o. Dr. Rajkumar Gupta,
R/o. Sanjeevani Hospital,
31C, Vaibhav Sun City,
Vistaar Opp. Fun City,
Pilibhit Bypass Bareilly
P.O-Izzatnagar, P.S-Izzatnagar
District-Bareilly
State-U.P.
Pin Code -243001.
[All the Petitioners from 1 to 19 are presently
studying and residing at Sikkim Manipal Institute
of Medical Sciences, 5th Mile, Tadong, Gangtok,
Sikkim].
5
WP(C) No.6 of 2015
Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
&
WP(C ) No.12 of 2015
Sikkim Manipal University & Anr. Vs. Union of India & Ors.
versus
Respondents : 1. Union of India,
Ministry of Health and Family Welfare,
Nirman Bhawan,
New Delhi-110001.
2. Medical Council of India,
Through the Secretary,
Sector-8, Pocket-14, Phase-1,
Dwarka,
New Delhi-110 075.
3. Sikkim Manipal Institute of Medical Science
(SMIMS),
Through the Dean, 5th Mile Tadong,
Gangtok, East Sikkim.
4. State of Sikkim
Through The Secretary,
Department of Health & Family Welfare
Services,
Government of Sikkim,
Gangtok, East Sikkim.
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Appearance
Mr. A. Moulik, Sr. Advocate with Mr. Zangpo Sherpa,
Mr. Jushan Lepcha and Ms. Man Maya Subba, Advocates
for the Petitioners.
Mr. Karma Thinlay Namgyal, Central Government
Counsel with Mr. Thinlay Dorjee Bhutia, Advocate for
Respondent No.1.
Mr. S.S. Hamal, Ms. Yangchen D. Gyatso, Ms. Sonam
Chuden Bhutia, Ms. Tshering Palmoo Bhutia and Mr.
Hissey Dorjee Bhutia, Advocates for Respondent No.2.
Mr. Nikhil Nayyar, Mr. A. Alhuwalia, Mr. Tashi Rapden
Barfungpa, Ms. Reena Rai and Ms. Dorjee Uden Nadik,
Advocates for Respondent No.3.
Mr. J. B. Pradhan, Additional Advocate General with Mr.
S. K. Chettri and Ms. Pollin Rai, Assistant Government
Advocates for State-Respondent No.4.
6
WP(C) No.6 of 2015
Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
&
WP(C ) No.12 of 2015
Sikkim Manipal University & Anr. Vs. Union of India & Ors.
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WP(C) No.12 of 2015
Petitioners : 1. Sikkim-Manipal University (SMU),
Through its Registrar,
5th Mile, Tadong,
Gangtok, East Sikkim.
2. Sikkim Manipal Institute of Medical Sciences
(SMIMS),
Through its Dean,
5th Mile, Tadong,
Gangtok, East Sikkim.
versus
Respondents : 1. Union of India,
Through the Secretary to the Government,
Ministry of Health & Family Welfare,
Nirman Bhavan,
New Delhi-110 001.
2. Medical Council of India,
Through the Secretary,
Sector-8, Pocket-14, Phase-1,
Dwarka,
New Delhi-110 075.
3. The State of Sikkim,
Through The Secretary to the Government,
Department of Health & Family Welfare-
Services,
Government of Sikkim,
Secretariat, Tashiling,
Gangtok, East Sikkim.
Writ Petitions under Article 226 of the
Constitution of India, 1950
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7
WP(C) No.6 of 2015
Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
&
WP(C ) No.12 of 2015
Sikkim Manipal University & Anr. Vs. Union of India & Ors.
Appearance
Mr. Nikhil Nayyar, Mr. A. Alhuwalia, and Mr. Tashi
Rapden Barfungpa, Ms. Reena Rai and Ms. Dorjee Uden
Nadik, Advocates for the Petitioners.
Mr. Karma Thinlay Namgyal, Central Government
Counsel with Mr. Thinlay Dorjee Bhutia, Advocate for
Respondent No.1.
Mr. S.S. Hamal, Ms. Yangchen D. Gyatso, Ms. Sonam
Chuden Bhutia, Ms. Tshering Palmoo Bhutia and Mr.
Hissey Dorjee Bhutia, Advocates for Respondent No.2.
Mr. J. B. Pradhan, Additional Advocate General with Mr.
S. K. Chettri and Ms. Pollin Rai, Assistant Government
Advocates for State-Respondent No.3.
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JUDGMENT
Wangdi, J.
1. These Writ Petitions are directed against the order of the Medical Council of India (in short "MCI"), Respondent No.2, issued by their letter bearing No.MCI- 34(MCI)/2014/151838 dated 23.01.2015 by which the 19 (nineteen) students who are Petitioners in WP(C) No.6 of 2015 said to have been admitted under the North East quota, were directed to be discharged, as their admission, as per them, were not in accordance with the order of the Hon'ble Supreme Court passed in WP(C) No.469/2014 in the matter of Hind Charitable Trust Shekhar Hospital Pvt. Ltd, Vs. Union of India & Ors.
8WP(C) No.6 of 2015
Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
& WP(C ) No.12 of 2015 Sikkim Manipal University & Anr. Vs. Union of India & Ors.
2. In view of the identical questions involved, these Writ Petitions are being disposed by this common order.
3. The only question requiring determination in the present cases is as to whether the admissions of the Petitioners in WP(C) No.06 of 2015 are in violation of the orders of the Hon'ble Supreme Court dated 18.09.2014 and 25.09.2014 in the Hind Charitable Trust Case (supra).
4. It was submitted that some of the students out of the present 19 (nineteen) Petitioners who hail from the North Eastern States and had been admitted in excess of the 50 (fifty) seats for which the Petitioner-University in WP(C) No. 12 of 2015 had the recognition, were discharged in due deference to the order of the Hon'ble Supreme Court dated 18.09.2014 in Hind Charitable Trust Case (supra) but, soon after its subsequent order dated 25.09.2014 clarifying its earlier order, they were taken back along with some others from the North Eastern States of which State of Sikkim is a part, after duly complying with the directions contained therein. 9 WP(C) No.6 of 2015
Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
& WP(C ) No.12 of 2015 Sikkim Manipal University & Anr. Vs. Union of India & Ors.
5. Preceding these directions, of the 50 (fifty) seats for which the Petitioner-University has recognition, the quota of 20% (twenty) seats for the State of Sikkim and 30% (thirty) for the North Eastern States, 15% (fifteen) NRI and the rest general had been exhausted. On a pro-rata basis, the 50 (fifty) seats were to be filled up by 10 (ten) students from Government Sikkim quota, 15 (fifteen) students from the North East, 8 (eight) students from NRI quota and 17 (seventeen) from the general quota. Thus for the first 50 (fifty) seats, there is no dispute.
6. The controversy that has given rise to the present dispute is with regard to the manner in which the second 50 seats have been filled up. These second lot of 50 seats were earlier filled either with the permission from the MCI or against an order from this Court permitting admissions to be made. Therefore, in the past, these seats were filled up by the College as per its regular scheme. However, in the year 2014-15, there was neither permission nor was an interim order passed in Writ Petition No.34 of 2014 filed by the College against 10 WP(C) No.6 of 2015 Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
& WP(C ) No.12 of 2015 Sikkim Manipal University & Anr. Vs. Union of India & Ors. the refusal of permission to admit 100 students. The Petitioner-College was able to fill up these seats only on account of the aforementioned omnibus orders in rem, passed by the Hon'ble Supreme Court in the Hind Charitable Trust Case (supra).
7. As per the Petitioner-University in WP(C) No.12 of 2015, the orders of the Hon'ble Supreme Court were premised on the following: (1) No seats ought to go vacant on account of the need for physicians in the country; (2) Admissions could be made provided an undertaking was furnished; (3) Admissions could be made only from the list provided by State agencies; (4) Admitted students would be charged government fees.
8. It is further their case that in the first 50 (fifty) seats, 10 (ten) students from Government of Sikkim list had been admitted as earlier stated based on the list prepared by Government of Sikkim which conducts its own entrance examination. In addition to the 10 admitted students, there were other students on the waiting list of the Government of Sikkim. All those in the waiting list were, therefore, accommodated first against 11 WP(C) No.6 of 2015 Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
& WP(C ) No.12 of 2015 Sikkim Manipal University & Anr. Vs. Union of India & Ors. the second 50 seats. After the State list had been exhausted, there were 25 (twenty five) more seats still vacant which, as per the impugned letter of the MCI, ought not to have been filled up. On the other hand, as per the Petitioner-University, that would have been contrary to the spirit of the orders passed by Hon'ble Supreme Court.
9. The Petitioner-University therefore, opened up these vacant 25 (twenty five) seats to students from the North East quota who were drawn from a merit list after a written entrance examination conducted by it. 15 (fifteen) such North East Students had already been admitted to the first 50 (fifty) seats. The waitlisted North East students were then offered admission against the 25 (twenty five) vacant seats at government fees as stipulated by Hon'ble Supreme Court. No NRI or General quota students were offered admission. Even after accommodating the 19 (nineteen) North East students who are the Petitioners in WP (C) No.6 of 2015, six seats still remained vacant.
12WP(C) No.6 of 2015
Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
& WP(C ) No.12 of 2015 Sikkim Manipal University & Anr. Vs. Union of India & Ors.
10. As per the Petitioner-University, it acted in a bona fide manner in the interest of students from the North East free of the motive for profit, having been admitted at government fees. Therefore, it is their case that the discharge notice is unwarranted and grossly unfair to the students concerned.
11. Mr. A. Moulik, Learned Senior Advocate, representing the 19 (nineteen) students in WP (C) No. 6 of 2015, would submit that their admission to the Petitioner-University was taken in the spirit of the order dated 18.09.2014 which would be obvious from the initial portion of the very order of the Hon'ble Supreme Court dated 18.09.2014 which reads as under:-
"Looking at the peculiar facts and circumstances of the case and, especially, when several seats for medical admission are likely to remain vacant for the academic year 2014-15, we are of the view that these matters require urgent consideration and we are giving these interim directions under the provisions of Article 142 of the Constitution of India.
There is one more reason for passing this interim order. We are conscious of the fact that number of physicians in our country is much less than what is required and because of non- renewal of recognition of several medical colleges, our citizens would be deprived of a good number of physicians and therefore, we are constrained to pass this order, whereby at least there would be some increase in the number of physicians after five years. We are running against time because the last date for giving admissions to MBBS Course for the 13 WP(C) No.6 of 2015 Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
& WP(C ) No.12 of 2015 Sikkim Manipal University & Anr. Vs. Union of India & Ors.
academic year 2014-15 is 30th September, 2014".
12. It was submitted by Mr. Nikhil Nayyar, Learned Counsel representing for the Petitioner-University in WP (C) No.12 of 2015, that these students apart from having been selected legitimately in the aforesaid manner, are being charged fees prescribed by the Government of Sikkim, in terms of the order dated 18.09.2014 which was clarified by order dated 25.09.2014, reproduced as under:-
"6. We further clarify that private institutions taking benefit under our order dated 18th September, 2014 shall have to take students only from the State agencies and at fees chargeable for students in Government medical colleges as stated above, regardless of their status or claim as Minority Institutions or Deemed Universities."
13. It is, therefore, the submission of the Learned Counsel for the Petitioner-University in these Writ Petitions that there has been substantial compliance of the orders of the Hon'ble Supreme Court in Hind Charitable Trust Case (supra).
14. Mr. S. S. Hamal, Learned Counsel for the Respondent No.2-MCI, submits that the admissions of these students not being in accordance with the order of 14 WP(C) No.6 of 2015 Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
& WP(C ) No.12 of 2015 Sikkim Manipal University & Anr. Vs. Union of India & Ors. the Hon'ble Supreme Court, the Respondent No.2 had issued the letter dated 23.01.2015 which the Petitioner- University is necessarily required to comply.
15. Upon hearing the Learned Counsel for the parties and after seeking their views, the obvious position appears to be that the entire controversy hinges upon the interpretation of the two orders of the Hon'ble Supreme Court dated 18.09.2014 and 25.09.2014 referred to earlier, an area which, in my view, would not be appropriate for this Court to venture into. In my considered opinion, the Petitioner-University ought to seek a clarification from the Hon'ble Supreme Court on the above aspect and/or pray for ratification of the seats filled up and, further seek leave to fill up the existing vacant seats by students from the North Eastern region after following the due procedure and on fees chargeable for students in Government Medical Colleges.
16. On a perusal of the orders of Hon'ble Supreme Court, it appears that the anxiety of the Hon'ble Supreme Court was the possibility of the seats in Medical Colleges being left unfilled which would result in adding to the 15 WP(C) No.6 of 2015 Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
& WP(C ) No.12 of 2015 Sikkim Manipal University & Anr. Vs. Union of India & Ors. woes of the country on account of severe shortage of physicians.
17. In clarifying its previous order, the Hon'ble Supreme Court by its order dated 25.09.2014 clearly intended to ensure that the students were taken from the weaker sections when it directed that the Colleges shall take students only from State agencies and charge them fees prescribed in Government Medical Colleges.
18. For the aforesaid reasons and on consent of the parties, it is directed that:-
(1) the Petitioners in WP (C) No. 12 of 2015 and the Petitioners-University in WP (C) No. 6 of 2015 shall approach the Hon'ble Supreme Court and seek for:
(i) ratification of the admissions of the
19 (nineteen) students who are the Petitioners in WP(C) No.6 of 2015, and
(ii) leave to fill up the existing vacant seats by students from the North 16 WP(C) No.6 of 2015 Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
& WP(C ) No.12 of 2015 Sikkim Manipal University & Anr. Vs. Union of India & Ors.
Eastern States in the spirit of its
orders dated 18.09.2014 and
25.09.2014.
(2) Further, since the 19 (nineteen) students who are Petitioners in WP (C) No. 6 of 2015, are continuing with their studies after they had taken admissions following the undertaking given by the Petitioner- University as directed by the Hon'ble Supreme Court in Hind Charitable Trust Case (supra) to the effect that there was no defect in the Medical Colleges run by them and that, their deposits with the MCI shall be forfeited if the statements made in the undertaking was found to be incorrect at the time of the next inspection, their studies shall not be interfered with until such time an appropriate order is passed by the Hon'ble Supreme Court on the applications that the Petitioner-University 17 WP(C) No.6 of 2015 Mr. Laishram George Funda & Ors Vs. Union of India & Ors.
& WP(C ) No.12 of 2015 Sikkim Manipal University & Anr. Vs. Union of India & Ors.
shall be filing as a consequence of the directions contained herein.
Consequently the order of status quo of this Court dated 13.07.2015 passed in CM Appl No. 17 of 2015 arising out of WP(C) No.6 of 2015 and confirmed by order dated 26.05.2015, shall continue to be in force subject to the decision of the Hon'ble Supreme Court in the Hind Charitable Trust Case (supra).
19. With these directions the Writ Petitions stand disposed of.
( S. P. Wangdi ) Judge 07-10-2015 Approved for reporting : Yes Internet : Yes to