- (1.) SPECIAL LEAVE PETITIONS (C) NOS. 21390-21442 OF 2003, SPECIAL LEAVE PETITIONS NOS. 21464-21552/2003 A writ petition bearing No. 39772/2002 is filed before the High Court of Karnataka for a direction that the Union of India should be directed to grant renewal of permission to the institution run by the first and second respondents. They also sought for direction to make selection for admissions into the institution for the academic session 2002-03 and to allocate students to enable continuation of imparting education in the said institution.
(2.) A permission has been granted to the first and second respondent's institution in terms of Section 10-A of the Medical Council Act and also renewed for the subsequent year. As it was not renewed in time for the academic year 2002-03, they filed Writ Petition No. 39772/2002. The High Court by an interim order dated 4-11-2002 directed the Medical Council of India (for short 'Council') to complete the inspection by 11-11-2002 and send a report/recommendation immediately to the Central Government for passing appropriate orders. In pursuance of the abovesaid order, the Council had sent its report to the Central Government on 11-11-2002. However, till 15-11-2002, no order had been made by the Central Government. As the renewal for permission was not granted to the institution concerned, MBBS seats of the institution were not included in the seat matrix which had to end on 15-11-2002 and, therefore, in the absence of the institution not being notified no admission had been done. Having regard to the fact that the permission had been granted earlier and renewed for the previous years, the Council had also sent a report regarding renewal for the current year, but unfortunately, the Central Government did not act with necessary expedition as was needed in the said case. As the counselling of Common Entrance Test is coming to end on 15-11-2002 and even if renewal was granted by the Central Government after that date, 100 seats would go waste. The High Court, by an order made on 15-11-2002, directed the Government to include the seats of the respondent's institution in the seat matrix to allocate the same to the deserving students in accordance with rules. By another order made on 3-12-2002, after adverting to the decision of this Court in Union of India v. Era Educational Trust and Anr., 2000 (5) SCC 57, the learned single Judge of the High Court passed further orders imposing conditions to the following effect :- i) The Central Government on consideration of the recommendations of the Medical Council of India would grant the renewal of permission if the petitioner-institution satisfies all the legal requirements within seven days from the date of receipt of such recommendations. ii) Pending receipt of such permission being granted, the 4th respondent-State Government is directed to issue seat matrix for 50 seats for the petitioner-institution for the academic year 2002-2003 forthwith. iii) The 5th respondent-CET Cell shall issue necessary advertisement and complete the counselling and allot 50 seats included in the seat matrix to the eligible students on or before 20th of December, 2002. iv) As the students are admitted to the college in pursuance of the interim order passed by this Court, even before the permission is granted by the Central Government, it is made clear that this will not give any right to the students or the college to claim credit for the classes conducted after the commencement of the course till the permission from the Central Government under Section 10-A is accorded. v) Students are not entitled to appear in any examination until they complete the prescribed minimum period of studies after the permission is granted under Section 10-A. vi) No further admission would be made to the first batch of MBBS course of the petitioner-institution except on vacancies arising from any of the students now allotted or refusing to pursue their studies. vii) If any student who has been admitted to the petitioner-college refused to join the course, the petitioner-college shall duly intimate the 5th respondent-CET Cell and after confirming the same, is at liberty to admit the students to those vacancies. Admission for such vacancies shall be filled up on or before 23rd December, 2002. viii) In the event of the petitioner failing to obtain the necessary permission from the Central Government under Section 10-A, this order will not aid any equities in favour of the petitioner-institution or those students who have been admitted in pursuance to the interim order passed by this Court. ix) In the event of the Central Government declining to grant permission under Section 10-A, the petitioner-institution shall refund to the students admitted in pursuance of this order, the entire fee collected by them and similarly the students shall not claim any right to pursue the studies in the even(t) of refusal of such permission. The petitioner-institution shall file an undertaking to this effect before 10-12-2002, and all the students who are to be admitted in pursuance of the interim order also shall given an undertaking to the CET Cell before collecting the admission order. x) Insofar as the payment of fee is concerned, the students shall pay the fee as prescribed by the Government to the free seats, payment seats and the fee payable by the student is subject to the same being worked out in terms of eleven member judgment of the Supreme Court in T.M.A. Pai case. xi) The petitioner-institution shall on production of the admission order issued by the CET Cell shall admit the students without raising any objections. xii) It is made clear that having regard to the exceptional circumstances this order is passed and it is further made clear that it shall not be precedent to any institution approaching this Court. xiii) The Central Government is directed to consider the request of the petitioner for renewal of the permission which is pending before them within fifteen days from today. Copy of this interim order shall be handed over to the learned counsel appearing for all the parties forthwith." As a consequence of this order having been made, some of the students on not being permitted to take first year examination scheduled to be held in the month of September, 2003 they filed writ petitions before the High Court. The High Court, by an order made on 28-8-2003, directed that they may be permitted to take the examinations for the First Year MBBS scheduled to commence in the month of September, 2003 by accepting the examination fee tendered by them on or before 29-8-2003 or such other date as the University may fix subject to the result of the said writ petition. As against that order writ appeals were filed before the High Court. The Division Bench of the High Court in W.A. No. 6568-6619 /03 and W.A. 6791/03, pending the admission of the appeal, granted an interim relief. The High Court noted that it could not allow the concerned institutions to perpetuate the illegality, but in the circumstances of the case, declined to interfere with the order of the learned single Judge permitting the students to appear for the examination, which was scheduled to be held from September 23, 2003 without making the decision of the learned single Judge a precedent. It is against this order dated 22-9-2003 passed in the writ appeals these petitions have been filed.
(3.) Inasmuch as the Council has not challenged the orders of the High Court by which students were admitted and to which we have adverted to earlier and these matters are still pending before the High Court for final consideration, we do not think, this is a fit case in which we should interfere.;