- (1.) HEARD Sri Rakesh Pandey, learned Counsel appearing for the petitioner. Sri J. K. Tiwari, learned Standing Counsel for the State of U. P. , Sri P. S. Baghel, learned Counsel appearing for the Allahabad University and Sri Kapil Rathore for the Principal, Moti Lal Nehru Medical College, Allahabad.
(2.) THE petitioner has filed this application with a prayer to issue necessary directions to the State Government as well as the University including the Central Government to provide necessary funds for smooth and proper running of the Medical College and Hospital so that medicines may be made available to the poor persons, new equipments may be purchased as well as to make appointments on the posts of Doctors, Para Medical Staff, Technicians and Class HI & IV posts lying vacant since long. This Public Interest Litigation seeking improvement in the conditions of SRN Hospital associated with MLN Medical College, is pending since 1997. The Hospital was found to be functioning in a bad shape. There was severe lack of funds and resources. A large number of posts were lying vacant and the existing capacity was underutilised with the teachers engaged in private practice and all sorts of unauthorised activities and private interests operating in the Campus. The Court issued various directions from time to time to the State Government to provide infrastructure, equipments and medicines for better functioning of the Hospitals. The earlier report submitted by the amicus curiae and other persons concerned with the Hospital demonstrated improvement in the Hospital which was possible with the help and cooperation of the Principal, teaching and non-teaching staff. The out patient department had shown improvement from 450 pa tients per day to about 1200 patients per day and that the indoor admissions had increased from 250-300 to 400-450. The number of surgical operations and other procedures also increased considerably. The University of Allahabad, earlier a State University under the provisions of U. P. State Universities Act, 1973, became the Central University under the provisions of University of Allahabad Act, 2005. The First Statutes set out in the Schedule of the Act provides that MLN Medical College and SRN Hospital shall be the University Colleges. The State Government, filed applications in this writ petition raising an issue that Statute 30 (4) of the First Statute of the University should be amended by the Executive Council of the University so as to exclude the MLN Medical College and SRN Hospital as University Colleges.
(3.) WE had by our order dated 30. 11. 2006, after hearing learned Advocate General of State of U. P. and the learned Counsel for the Allahabad University, held that it was for the legislation in its wisdom to determine whether a particular college/institute should be a University College or not and that under Statute 30 of the F4rst Statutes of the University, the MLN Medical College and SRN Hospital were declared as University Colleges and accordingly rejected all the applications. The State Government challenged the order in Special Leave Peti tion in the Supreme Court. Upon hearing the matter, Hon'ble Supreme Court in its order dated 30. 3. 2007 observed as follows: "the issue as to whether the College and the associated Hospital should continue merely as a constituent State Government College affiliated to the University, or should be a University College belonging to the University, as also question relating to its administrative control, financing and other related issues shall be settled by the University, the State and the Union of India at the earliest having regard to the relevant statutory provisions. Till then, status quo, as on today, shall continue. " The application filed today is supported by the affidavit of the petitioner. In paragraphs 4 to 14 of the affidavit supporting the application, the petitioner sub mits: "4. That the status quo order passed aforesaid has been taken as a tool by the State Government and under the garb of the said "status quo" order the State Government started avoiding discharging its duties which it owes for maintaining the Medical College which is supposed to be catering the need of large population in and around Allahabad. 5. That in fact, after passing the order dated 30. 3. 2007 the State Govern ment was supposed to settle various issues with the University. However, the State Government continued to avoid participating the meeting so fixed for the purposes till in this Hon'ble Court vide its order dated 23. 11. 2007 issued necessary directions to the State Government to ensure its participation in the meeting as was directed by the Hon'ble Apex Court vide judgment dated 30. 3. 2007. 6. That it is pertinent to state here that since November, 2006, the date when the S. R. N. Hospital and M. L. N. Medical College have been made part of the University, the State Government stopped providing funds for the pur pose of running of the medical college both in terms of salary of staff and daily running of the hospital totally. In fact, this action of the State Govern ment itself was contrary to the stand taken by the State Government before the Apex Court where the State Government had made a statement about having actual administrative control over the medical college.;