- (1.) In pursuance of our order dated 5th January, 2016, Mr. Tushar Mehta, learned Additional Solicitor General has appeared along with Mr. Gaurav Sharma, learned counsel for the Medical Council of India. It is urged by Mr. Mehta that a conscious decision has been taken that the students who were admitted in Sardar Rajas Medical College, Hospital and Research Centre on government quota should be admitted to the Government colleges and the rest of the students should be admitted to three private recognised colleges. Mr. Mehta has drawn our attention to the directions issued by the High Court of Orissa. The relevant part of it reads as follows: "20. Therefore insofar as Clause-(b) and (c) are concerned since adeuaqte infrastructure and academic teaching staff are available at least at two Government medical colleges in which seats increase is sought for from the Medical Council of India there is no justifiable reason as to why the students who have been admitted in Government quota at Sardar Rajas Medical College cannot be accommodated either at VIMSAR Burla or MKCG Medical College Berhampur whichever may be suitable. Insofar as the other students admitted under management quota is concerned the State is at liberty to offer them seats at any other private medical college. 21. We are of the considered view that rather than raising disputes between the State and Medical Council of India the focus ought to be on the future educational needs of the students and keeping with such spirit the aforesaid order has been directed. Therefore, we are of the further view that the revised proposal of the State of Odisha pending before the Executive Committee of the Medical Council of India need not be considered in view of our aforesaid direction. The State Government may take expeditious steps to comply with this direction preferably within a period of two weeks from today and report thereof be filed within a further period of one week therefrom apart from intimating the Medical Council of India as to the institutions where these students have been accommodated."
(2.) On the last occasion, we had taken note of the submission with regard to the anomaly that is likely to be caused as regards the admission regard being had to the marks obtained in the entrance examination. It is submitted by Mr. C.U. Singh, learned senior counsel appearing along with Mr. Pratap Venugopal that certain students have more marks than the students who are studying in the Government colleges and have also more marks than the students who have got admission in other private medical colleges.
(3.) Having heard Mr. Tushar Mehta, learned Additional Solicitor General, Mr. Shyam Divan, Dr. Ashok Mohapatra and Mr. C.U. Singh, learned senior counsel, we are, prima facie, of the view that the 124 students who were prosecuting their studies in Sardar Rajas Medical College, Hospital and Research Centre, should be adjusted in three recognised medical colleges, namely, Hi-tech Medical College and Hospital, Bhubaneswar, KIMS, Bhubaneswar and IMS and Sum Hospital. We are inclined to think so as that would avoid all kinds of confusion. The students who are prosecuting their studies in private medical colleges should prosecute their studies there. In ordinary course of things, the students who were admitted in Sardar Rajas Medical College, Hospital and Research Centre would have continued their studies over there. However, as a peculiar situation has arisen, the issue of adjustment has emanated. The High Court has been guided by the factum that the students who are admitted in Government quota should go to the Government colleges and rest should go to the private colleges. As advised at present, we are of the view that the said approach may be correct as the students were studying in private colleges having obtained permission from the Medical Council of India. A norm has to be followed.;