Gujarat High Court
Sheth vs Union on 6 April, 2011
Author: Chief Justice
Bench: S.J. Mukhopadhaya
Gujarat High Court Case Information System
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SCA/13616/2010 8/ 8 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13616 of 2010
with
SPECIAL
CIVIL APPLICATION No.16229 of 2010
For
Approval and Signature:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE AKIL KURESHI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
SHETH
MILY JATINBHAI & 11 - Petitioner(s)
Versus
UNION
OF INDIA - THROUGH SECRETARY & 8 - Respondent(s)
=========================================================
Appearance :
MR
MIHIR THAKORE, SR. ADV. WITH MR TEJAS BAROT, & MS ANUJA S
NANAVATI for
Petitioner(s) :
MR ANSHIN H DESAI for Respondent(s) : 1,
MS
KRINA CALLA, AGP for Respondent(s) : 2 - 3.
MR RUTVIJ M BHATT for
Respondent(s) : 4,
MRS VD NANAVATI for Respondent(s) : 6,
MR DC
DAVE for Respondent(s) :
7,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: /03/2011
CAV
ORDER
(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Both the petitions arise on similar factual background. Facts and pleadings can be noted from Special Civil Application No.13616 of 2010.
Petitioners medical students have filed this petition praying for the following main reliefs:
"(A) This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction to Medical Council of India Respondent No.4 herein to update graduation years upto 2010 in IMED of the Petitioner/Students studied at Kesar Sal Medical College and Research Institute to enable them to appear at USMLE Exam and further direct Medical Council of India to initiate immediate action for updating graduation years or take necessary action for allowing the Petitioners to prosecute post graduation courses abroad.
And (B) This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction to Respondent No.7 or 8 or 9 respective College whose name is mentioned in the Degree Certificate to sign, verify and certify all the forms and documents as required for pursuing foreign studies."
Shortly stated, petition arises in following factual background.
All petitioners were admitted in Kesal Sal Medical College, a Self-Finance Medical College, run by respondent No.7 Trust in the academic year 2004-05 by the Centralized Admission Committee constituted by the State. Some time after the petitioners were granted admissions, serious issues with respect to the Medical College in question arose and the recognition of the College was therefore cancelled by the Medical Council of India (MCI for short). The petitioners and other students, therefore, approached this Court by filing Special Civil Application No.2621 of 2009. After certain initial interim orders and appointment of a Committee, to ensure that the petitioners and other students can complete their medical education, the petition came to be disposed of by judgment dated 22nd April 2010 giving various directions, which read as follows:
"11.
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."
Apparently, under interim and thereafter final orders passed by this Court in the said petition, the petitioners and other students completed their education in MBBS course satisfactorily. They have appeared in the final examination conducted by the Gujarat University and upon passing were also awarded degrees. Such degrees, as provided in the order dated 22.4.10, are to be recognized for all purposes.
It is the grievance of the petitioners that despite completion of the course, despite having passed MBBS examination conducted by the Gujarat University and also grant of degree, they are unable to pursue further education in Colleges and Universities abroad since the College from where the petitioners pursued their Medical Education is not recognized by MCI. They, therefore, prayed that MCI should provide necessary information to up-date the details about Kesar Sal Medical College in the International Medical Education Directory (IMED for short) on the basis of which Universities would consider the candidatures of the petitioners for further education.
On the other hand, MCI opposed the petition filing reply stating, inter alia, that the State Government issued a notification on 23rd April 2009 and after entry at Sr.14.1 in the schedule of Gujarat Medical Council Act, 1967, entry No.15 was added as under:
"15.
The Bachelor of Medicine and Bachelor of Surgery (MBBS) qualification Gujarat University in respect of students being trained at Kesar Sal Medical College and Research Institute, Bhadaj, Ahmedabad. The above inclusion shall be valid only for the academic year 2009-10 and shall be renewed thereafter."
It appears, however, that no such corresponding amendment has been made in the Indian Medical Council Act, 1956 ('IMC Act' for short) by the Union Government. Reply, therefore, stated that:
"58. That it is respectfully submitted that this Hon'ble Court vide its order and judgment dated 22.04.2010 passed in Special Civil Application No.2621 of 2009 and other connected special civil applications, holding that degrees of the petitioners of the said case would be recognized for all purposes. It is further respectfully submitted that medical qualification granted by any institution in India which are included in the first schedule of the IMC Act, 1956 are recognized medical qualification for the purposes of the Act. Section 11(2) provides that the central government after consulting the counsel may by notification in the official gazette amend the first schedule so as to include such qualifications therein. It is further submitted that the stand of the Medical Council of India has been recorded by this Hon'ble Court in the abovesaid judgment in paragraph 3 of the said judgment wherein this Hon'ble Court has recorded that recognition of the college has not been renewed. It is respectfully submitted that the degree of the college can be included in the first schedule by the central government in terms of section 11 of the IMC Act."
From the above it can be seen that though the petitioners have passed their MBBS degree course, they are unable to pursue higher education in foreign universities since the college itself was not recognized by the MCI.
We, however, find that in our dated 22nd April 2010, portion of which is reproduced above, it was emphasized that MBBS degrees of the students would be recognized for all purposes. In so far as the Indian Universities are concerned, the petitioners do not seem to be facing any problem of further studies. When we have provided that the degree which the petitioners and other similarly situated students may obtain by passing examination conducted by the Gujarat University would be valid for all purposes, the respondents were required to take all necessary follow up steps to ensure that such purpose is fulfilled. Though the State Government has issued notification recognizing the course, Government of India has not yet made corresponding changes in the IMC Act. It is, therefore, that the MIC in the reply has suggested that the degree which the petitioners have obtained may be included in the schedule by the Central Government in terms of section 11 of the IMC Act.
Under the circumstances, Government of India shall issue necessary notification in terms of section 11 of the IMC Act indicating that the course through which the petitioners have obtained MBBS degree is duly recognized and that such inclusion of the course/college for recognition will be valid only for the limited period and purpose of treating the degrees awarded to the petitioners and similarly situated other students valid for all purposes. On the strength of such notification, MCI will provide necessary information to the concerned authority for updating IMED. These directions will be carried out expeditiously and in any case within a period of one month from the date of receipt of a copy of this order.
With the above directions, the petitions are disposed of.
(S.J.Mukhopadhaya, CJ) (Akil Kureshi, J.) (vjn) Top