Rakesh Kumar Jain, J. - (1.) The present litigation has a chequered history. It was initiated by some students of the Chintpurni Medical College, Pathankot, by filing CWP No. 2028 of 2014 titled as "Ms. Jagat Deep Kaur and others v/s. State of Punjab and others", which was decided by a Single Bench of this Court on 16.09.2014, directing the State Government to secure the data as regards the recommendations of the Medical Council of India (hereinafter referred to as the "MCI"), the stand of the college for the existing batch of 4th year students and its own report, which shall be forwarded to the Central Government within a period of eight weeks. The Central Government was directed to take appropriate decision and to take further course of action which shall be dependent upon the outcome of the Central Government's decision in the light of the reports received by it. The exercise was to be completed within a period of 12 weeks.
(2.) Undisputedly, the order dated 16.09.2014 became final. Thereafter, the COCP No. 173 of 2015 titled as "Sonal Gaur and another v/s. Hussan Lal and others" was filed for implementation of the order dated 16.09.2014. On 29.01.2016, the following order was passed by this Court in the contempt petition: - - "Repeated time has been sought by MCI. In the instant matter which is likely to impact the lives and careers of the students. No positive decision has been brought to the notice of the Court despite time being granted on several occasions. MCI cannot be permitted to take such matters so lightly. However, purely in the interest of justice, last opportunity is granted to MCI, subject to payment of Rs. 1 lac as costs, which shall be deposited before the Mediation and Conciliation Centre of this Court well before the date fixed. List again on 15.2.2016."
(3.) After imposition of cost, the MCI filed an application bearing CM No. 3655 -CII of 2016 with a prayer that the order regarding imposition of cost may be recalled. That application was dismissed and further an order was passed in the contempt petition on 15.02.2016, which is reproduced as under: - - "C.M. No. 3656 of 2016 Allowed as prayed for. C.M. No. 3655 -CII of 2016 One of the prayers made in this application is for the waiver of the costs of Rs. 1 lac imposed vide order dated 29.1.2016. The Court may give in detail the reasons as to why these costs were imposed on the Medical Council of India and also the reason as to why it cannot be waived of. This matter has been pending for some time. The dispute which has been raised broadly in the petition pertains to the career of a number of students who were granted admission in the Chintpurni Medical College, Pathankot. Facts as briefly set out, are that 150 students were admitted for the session 2011 -2012 (hereinafter referred to as the Ist Batch). The Medical Council of India through its functionaries had inspected the College to ascertain the infrastructure and its eligibility to admit the students. No issue was raised regarding admission of the Ist batch, but for the subsequent years, however, permission was not granted by the Medical Council of India as it noticed numerous deficiencies in the College in the academic years 2012 -2013. An attempt was made to admit the 4th batch. The Medical Council of India once again denied permission as it had done in the previous years as well. It is pertinent to note here that after the denial of the permission for the years 2012 -13, the College had filed C.W.P. No. 12368 of 2012 where directions were given to the Medical Council of India, to once again carry out inspection to ascertain the deficiencies particularly in the wake of the assertion of the college that no such deficiency existed and the fact that the college was complying with the norms in all respects. The matter was carried in an appeal before the L.P.A. Bench which re -affirmed the orders of the learned Single Judge and directions were given to the Medical Council of India to ascertain the deficiencies. The College made another application for admitting the batch of 2014 -15, but deficiencies were once again pointed out by the Medical Council of India on 24.4.2014 and no permission was granted. The College then went up in a petition before the Delhi High Court questioning the decision of the Medical Council of India declining permission to them for the batch of 2015 -16. The Delhi High Court declined to interfere and even passed serious remarks against the College. The matter was taken up before the Hon'ble Supreme Court where permission was granted to the College to admit students for the year 2014 -15 subject to the inspection and furnishing of bank guarantee of Rs. 9.5 crores. The relevant portion of the said order may be extracted here below: - - "Looking at the peculiar facts of the case and the circumstances stated hereinabove, we direct the petitioners to file undertakings by President/Chairman and Secretary of the petitioner's institutions running medical colleges within 10 days from today, to the effect that there is no defect in the medical colleges run by them and they would also state that their deposit with the MCI, which is around Rs. 10 crores, be forfeited by way of penalty if the statement made in the undertaking is found to be incorrect at the time of the next inspection. A draft undertaking has been given to this Court. A copy of the undertaking, which might be filed by the institutions, shall be served upon the office of the Medical Council of India as well as to the Ministry of Health and Family Welfare, Govt. of India, New Delhi. We also record the fact that in the recent past, the Medical Council of India has renewed recognition of Government Medical Colleges on the basis of undertakings and therefore, we see no reason not to permit the private colleges to admit students on the basis of undertakings given by their office bearer as a special case. Notwithstanding any direction given in the case of Priya Gupta (supra), if undertaking as stated hereinabove are filed by the institutions managing medical colleges for the academic year 2014 -15, admissions shall be given to the students from the merit list prepared by the States and they shall be charged fees prescribed by the Government Medical Colleges of their respective States. The State Authorities, i.e. the Directorate of Medical Education & Research, of the respective States shall send students, in order of their merit, to the medical colleges run by the petitioners, which are situated within their States, within one week from the date of receipt of a copy of this order and the said students shall be admitted to the MBBS Course in accordance with the rules and regulations of the MCI and also regulations dated 16.4.2010 framed by the Medical Council of India, provided undertakings as mentioned above are filed on behalf of the concerned institutions. It is also clarified that there would be no further counseling in respect of the students who are to be given admission, even if it might result into some heart burning among other students, but in the peculiar facts of the case, we given this direction. In no case, the admission shall be given after 30th September, 2014. This order shall also apply to all the institutions which had filed their petitions earlier for renewal of their recognition for the academic year 2014 -15, but their petitions were rejected or withdrawn for whatever reason, provided undertaking as stated hereinabove are filed by the President/Chairman and the Secretary of those institutions. All those petitions shall be deemed to have been revived and this order shall be deemed to have been passed in those cases also. This order shall only be in respect of renewal of recognition and not for creation of additional seats or for new colleges. We also record that the Union of India has supported the petitioners in the interest of students. We also direct the Union of India to give wide publicity to this order in print as well as electronic media in the interest of the concerned students. It is directed that the list of students getting admission in pursuance of this order shall be placed on record of this Court by Ist October, 2014 by the concerned institutions and a copy thereof shall also be sent to the MCI. These matters shall be treated as part -heard and shall be notified for further hearing in the month of December, 2014." It is not in dispute that the students were indeed admitted to the College. The petitioners have filed this contempt petition alleging violation of the order passed in C.W.P. No. 2028 of 2014 which directions may also be extracted here below: - - "VII. The way forward 13. However, if there arises a situation that even for the existing batch of students, the college cannot continue, it should be left to the authorities to decide the issue in the manner which is contemplated under the regulations. Even while disposing of the petition seeking for transfer of the students, I would direct the State Government to undertake a communication with the Central Government by forwarding the recommendations of the MCI and gather its own details and share the information of the Central Government with its own recommendations. The Central Government has an important role to play in the matter of permission for establishment of a new college and new course of study under Sec. 10A. In this case, after establishment of the college, if facilities have floundered and the Medical Council of India also recommends that it will not possible to allow for the students to carry on with the course, then the Central Government will take an appropriate decision on the information secured from the State Government and the Medical Council of India and grant such permission to the State Government setting out the manner of how the State could take over the responsibility on behalf of the students. The State will decide from its own sources as well as from the information furnished by the MCI whether it will take over the college and run the course or transfer the students and ensure that no rules by the existing colleges are breached as regards their own intake capacity. The mandate shall therefore be : State Government will secure the data as regards the recommendations of the Medical Council of India, the stand of the collage for the existing batch of the 4th year students and make its own report and forward the same to the Central Government within a period of eight weeks. The Central Government will take appropriate decision and the further course of action will depend on the outcome of the Central Government's decision in the light of the reports received by it. I am unable to set any time limit for the Central Government since it is not made a party but the State Government may impress upon the urgency involved for such a decision and help complete the whole exercise within 12 weeks. VIII. Parting thoughts for students and college." Notice was issued in these proceedings and a number of orders were passed. During the course of proceedings, the Court concerned with the career of the students involved, questioned the State as to whether these students who had been admitted, could be shifted in government colleges elsewhere in the State particularly when the petitioners relied upon Annexure P -2, a letter written by the Vice Chancellor of the Baba Farid University of Health Sciences suggesting that keeping in view the studies of the students, they may be distributed to other colleges after adopting due procedure, i.e. taking permission from the Government of Punjab and the Medical Council of India/Government of India. For the purpose of reference, the relevant portion of the said letter is extracted here below: "The first batch admitted in the college in the year 2011 has reached the final professional course due to the fact that there are no admissions in the college after the year 2011 and there is a gap of three years, the college is grossly deficient of teaching of students. There is very insufficient faculty to teach the very important subjects like EYE, ENT, pediatric, SPM, medicine and surgery. There is also acute shortage of clinical material, hardly any indoor admission and no obst. And Gynae work. In view of the above and keeping in view the study and training of the students studying in the college it is suggested that students must be distributed in other colleges after adopting the due procedure i.e. University needs the permission of Govt. of Punjab and Medical Council of India/Government of India." The State Government then wrote to the Medical Council of India on 31.8.2015 giving particulars and the names of the colleges where the students could be adjusted. The relevant extract of the chart as given, may be extracted here below: - - JUDGEMENT_7_LAWS(P&H)4_2016.jpg Along with the aforesaid chart, names of the students who had to be adjusted in terms of the aforesaid, were also given. While taking this document on record, this Court passed an order dated 3.9.2015 asking the Medical Council of India to take a decision in this regard before the next date of hearing. The case was then adjourned to 14.9.2015, 29.9.2015, 13.10.2015, 21.10.2015, 29.1.2016 and on 29.1.2016, this Court recorded its displeasure as the Medical Council of India failed to give any information to the Court in this regard inviting an order imposing costs of Rs. 1 lac upon it. It is then that the present application has been filed seeking recall of this order as also trying to justify the fact that the Medical Council of India is not involved in the issue at all and the mandate of the Writ Court was only to the State Government and not the Medical Council of India, so as to warrant imposition of costs by this Court. A prayer has been made specifically that the stand of the Medical Council of India was also on record of the proceedings and hence no fresh response was required. After consideration of the submissions made by the learned counsel for the Medical Council of India seeking recall of the order dated 29.1.2016, I am of the opinion that there will be no occasion to waive of the costs keeping in view the fact that the Medical Council of India failed to respond to the communication of the State dated 31.8.2015 which was specifically put to them vide this Court's order dated 3.9.2015 and repeated opportunities were given to it to come out with a clear stand. The Medical Council of India was very well within its rights to assert that it is not competent to accede to the request/suggestions made by the State Government, but under no circumstances it can be permitted to hold up the Court proceedings which it had done since 3.9.2015 till today. It is only after imposition of costs that the Medical Council of India has cared even to file a specific response to the queries of the Court and that too, with a prayer that the costs be waived of. Finding no justification in the Medical Council of India holding up the Court process for such an inordinate long period on an issue which pertains to the career of the students, I find absolutely no reason to waive of the costs and recall the order dated 29.1.2016. The prayer is rejected. C.M. No. 3655 -CII of 2016 is dismissed. C.O.C.P. No. 173 of 2015 All the decisions that the Medical Council of India has referred to, pertain to the erstwhile suggestions given by the State which at best, can be termed to be vague considering that a general proposal was submitted to the Medical Council of India for shifting the students in principle. At no point of time, the State ever came out with specific proposal giving out the names of the colleges where the students can be accommodated in other colleges of the State. Whether a decision has to be taken by the Medical Council of India or at the level of the Central Government, the decision ought to have been taken and Court informed appropriately but the students cannot be left in a lurch. Confronted with the situation, learned counsel for the Medical Council of India states that they would respond positively to the suggestion made by the State vide its letter dated 31.8.2015 within three weeks. It will be the duty of the Medical Council of India to take up this issue with the Central Government as well and take a conscious decision in this regard. List for further proceedings on 10.3.2016.";