Vineet Saran, J. - (1.) In the present case, the contesting parties are the management of a Medical College (petitioners); the Agra University (Respondent Nos. 2/3); as well as the State Government (Respondent No. 1). Their dispute has left the 1st year students of the Medical College in a lurch and in mid stream, as even after they were admitted in the Medical College for the session 2004-05 for M.B.B.S. course and had attended classes for the entire session, their examinations are not being held by the Agra University, which has granted affiliation to the Medical College. Thus, it seems that in a dispute between the two established educational institutions and the State Government, the worst sufferers are the students, who unfortunately do not even have any say in the entire matter.
(2.) For proper appreciation of and understanding the controversy involved in this writ petition, the facts relating to the establishment of the Medical College in question, as well as its recognition/affiliation and admissions made in the past years would be very relevant. The petitioners here are Subharati K.K.B. Charitable Trust (for short 'the Trust') and Subharati Medical College (for short 'Medical College'). The Medical College has been established by the Trust which is running a Law College, Management College, Para-medical College, Nursing College, Dental College, besides other Intermediate Colleges and Junior High Schools.
(3.) Here it may be relevant to notice the procedure for the establishment, recognition/affiliation and grant of admission in private medical colleges which, according to the parties, is as follows: (i) The proposed Medical College is to first seek consent of the University for affiliation, which is thereafter submitted to the Central Government, along with an application for opening a new Medical College. (ii) Then the Central Government, after receiving recommendations from the Medical Council of India, which is based on physical verification of the college, grants permission under Section 10-A of the Indian Medical Council Act, to start its M.B.B.S. course. (iii) The University, from which the Medical College seeks the affiliation, after conducting the inspection, makes a recommendation to the Chancellor for grant of affiliation, on the basis of which the Chancellor accords the sanction for affiliation. (iv) Medical College admits students in the Management and State quotas and the petitioners assert that such admissions can be given to students even while the application for affiliation of the College is pending.;