- (1.) THIS appeal under Clause 10 of the letters Patent filed by the State of Jharkhand is directed against the judgment dated 5.2.2002 passed by learned single Judge of this Court in W.P. (C) No. 196 of 2002 whereby, after quashing the communication dated 3rd December, 2001 issued by the Commissioner -cum - Secretary, Medical Education and Research Department, Government of Jharkhand, the learned single Judge issued a mandamus directing the appellant to admit the respondent No. 1 -writ petitioner in MBBS course in the Patliputra Medical College at Dhanbad. The communication dated 3rd December, 2001 (impugned in the writ application) was in response to a letter dated 7th November, 2001 from the Chief of Medical Services, Bharat Coking Coal Ltd. (BCCL). It should, therefore, be advantageous to reproduce both the aforesaid commutations for ready reference. The letter dated 7.11.2001 from Chief of Medical Services, BCCL reads thus : - - "Bharat Coking Coal Limited (Subsidiary of Coal India Ltd.) Koyala Bhawan, Koyala Nagar. Dhanbad -826005 Dt. 7.11.2002 Ref. : BCCL/CMS/200 l/F -7/350(A) To, The Commissioner -cum -Secretary, Deptt. of Health, Medical Education and Family Welfare, Government of Jharkhand, Ranchi. Sub. : Admission of nominated candidates of BCCL in 1st year MBBS course at Patliputra Medical College, Dhanbad. Ref. : Letter of Principal, Patliputra Medical College, Dhanbad dated 23.6.2001 addressed to you. Also letter of undersigned dated 30.8.2001 (copies of both letters enclosed). Dear Sir, Patliputra Medical College, Dhanbad was affiliated to Central Hospital, Dhanbad for clinical teaching of the students since 1975 when the later was functioning under the Administrative Control of Coal Mines Labour Welfare Organisation. Since Central Hospital, Dhanbad was taken over by BCCL from CMLWO, a fresh agreement was made for a period of 5 years with effect from 1988 or later till such time Medical College becomes self -sufficient in increasing the bed strength of the hospital so as to fulfil the criteria of the Medical Council of India to get full recognition. In lieu of this BCCL was nominating two candidates every year for getting admitted in the 1st year MBBS course of Patliputra Medical College, Dhanbad till 1997. Thereafter when the College got recognised by Medical Council of India by increasing the bed strength of PMCH to 500, the College Authority stopped sending students for clinical teaching at CHD. Likewise no student was nominated from BCCL for getting admitted in MBBS course since then. Inspite of this fact, in the prospectus for Joint Entrance Examination every year was found that provision of reservation for 2 candidates nominated by BCCL still existed. This year also the same provision figured in the prospectus, thereby number of BCCL employees (both executives and non -executives) are thinking that provision of admission from BCCL quota is still existing. As Directorate of Personnel BCCL/Office of the undersigned is not aware about the decision taken by you whether the provision still exists or not, we are in dark. Meanwhile the undersigned wrote a letter to the Principal, PMCH, Dhanbad for clarification of the matter. The Principal in his own turn had written to you giving his due comments. Thereafter the undersigned also had written to your office for clarification. As nothing has been heard from you, it is requested that you may kindly inform the office of the undersigned or the Directorate of personnel BCCL indicating your final decision in this regard so that we can act upon it whether it is affirmative or negative. Copies of correspondences are enclosed herewith. Yours faithfully, Sd/ - Dr. A.M. Ray Chief of Medical Services. The impugned communication dated 23rd December, 2001, which was in response and reply to the aforesaid communication reads thus : - - "Jharkhand Government Health Medical Education and Family Welfare (Medical Education and Research) Ref. No. 795(1) Dated 03/12/01 From Smt. Sunila Basant Commissioner -cum - Secretary, Medical Education and Research, Government of Jharkhand, Ranchi. To, Dr. A.M. Ray, Chief of Medical Services Bharat Coking Coal Ltd. Koyala Nagar, Dhanbad. Sir, This is with reference to your letter No. BCCL/CMS/2001/7/3501A), dated 7.11.2001 regarding admission of nominated candidates of BCCL in first year MBBS course at Patliputra Medical College, Dhanbad. Your letter itself indicates that an agreement was made for a period of 5 years with effect from 1988 and in accordance with the agreement two candidates were nominated by BCCL till 1997. No fresh agreement has been made after the lapse of 5 years. Moreover, you have admitted that the Patliputra Medical College has stopped sending students for clinical teaching at Central Hospital, Dhanbad since the time the College got recognition on the basis of increased bed strength of Patliputra Medical College Hospital. You have further admitted that no student was nominated for BCCL after 1997. It is therefore, clarified that no repeat no BCCL quota exists for nomination of candidates to MBBS course to Patliputra Medical College. Inconvenience caused by the provision in the prospectus is regretted. Yours faithfully, Sd/ - Sunila Basant Commissioner -cum - Secretary."
(2.) THE case of the parties "is very simple. Patliputra Medical College initially did not have any hospital attached to it. BCCL, a subsidiary of Coal India Limited had its own hospital at Dhanbad called as the Central Hospital. Because it was a mandatory requirement under the rules of the Medical Council of India that a medical college must have hospital of a prescribed bed strength attached to itself for clinical teaching and training of the students Patliputra Medical College (PMC) entered into an agreement with BCCL whereby BCCL agreed to provide the facility of the use of its hospital for clinical teaching and training of students of the PMC. This agreement was executed on 28th April, 1988. Just two paras of this agreement are relevant for our purpose. These reads thus : - - "Whereas the Coal India has agreed to the rearrangement regarding the utilisation of Central Hospital, Dhanbad and to extend such facilities of clinical teaching and training of students of Patliputra Medical College, Dhanbad without influencing in any manner in the normal working of the hospital for a period of five years or, till such time that the college has its own new hospital functioning and adequate for the clinical teaching and training of students. Interne and House Surgeons of Patliputra Medical College, Dhanbad." "Para 4 : In lieu of the facilities provided for clinical teaching and training at the Central Hospital, the existing arrangement of admitting two nominees of the Bharat Coking Ltd. of Coal India Ltd. to the Patliputra Medical College on payment of tuition fee and other charges as applicable provided they specify the other condition for admission to the College, as per rules, shall be continued." As would be apparent from a reading of para 4 of the aforesaid agreement that as a matter of quid pro quo, in lieu of the BCCL providing the aforesaid facility to the Patliputra Medical College, the Medical College was to admit two nominees of BCCL on payment of tuition fee and other charges provided they satisfied the conditions for admission as per the rules of the Government. It is the undisputed case of the parties that this arrangement continued till 1997. From 1997 the Government stopped using the facility provided by the Central Hospital of BCCL, because in the meanwhile it had set up its own hospital which became a part of PMC. Whether the State Government in the meanwhile had set up its own hospital or not, or whether the hospital as set up by the State Government was good or not good, or whether it conformed or did not conform with the requirements as prescribed by the Medical Council of India are matters which surely neither concerned BCCL nor could they concern the respondent/writ - petitioner, but the undisputed fact is that from 1997 the submitting arrangement between the Patliputra Medical College and the Central Hospital of BCCL were sought to an end in the sense that from that day onwards the Patliputra Medical College did not avail of any of the facilities of using the Central Hospital of BCCL for clinical teaching or training of its students. It is in this background that an advertisement was issued in the year 2001 by the Government of Jharkhand inviting applications from eligible students for admission in the MBBS course of Patliputra Medical College. Respondent No. 1, the petitioner considering himself to be eligible also sent his application. What is noteworthy is that the application of writ petitioner/respondent was not sponsored by the BCCL at all. The writ petitioners father being a Doctor, an attempt undoubtedly appears to have been made by him to camouflage his individual application as the ones sponsored but the fact remains that the BCCL had not sponsored any application of any candidate because it had not invited application from any candidate for the sponsoring.
(3.) SINCE the Government of Jharkhand knew that there was no subsisting agreement between itself and BCCL, there was no question of granting any admission to any student in BCCL quota. In any event, there was no sponsorship of any student from BCCL. It is in the aforesaid background that the learned single Judge while allowing the writ application issued a mandamus granting admission to the writ petitioner.;