- (1.) These writ petitions have been preferred mainly for the reason that the Government of India, Ministry of Health & Family Welfare, New Delhi, has reduced the seats in Government Medical Colleges at the State of Jharkhand in the following manner: a) At Rajendra Institute of Medical Sciences, Ranchi the seats have been reduced from 150 to 90; b) At Patliputra Medical College, Dhanbad the seats have been reduced from 100 to 50; and c) At Mahatma Gandhi Medical College, Jamshedpur the seats have been reduced from 100 to 50; and approximately 220 students have already been admitted in the Government Medical Colleges at the State of Jharkhand during their first counselling process taken place, prior to reduction of seats. If the seats are reduced, they cannot get admission in other colleges of other States. Students, who have secured admission, have given up their option to get admission in other Medical Colleges of other States. This decision of the Government of India has given birth to these writ petitions and for urgent hearing upon interim relief.
(2.) When the matters are called out, learned counsel for both the sides are absent. Since the Advocates are on strike, therefore, they have not appeared in these matters. Nonetheless, petitioners in all these writ petitions are present in person. Petitioners of W.P. (C) No. 4401 of 2014 are the students of degree course of MBBS, who have already got admission in the Government Medical Colleges of the State of Jharkhand; Petitioners of W.P. (C) No. 4319 of 2014 are total 11 in numbers, out of whom 07 students have already got admission in degree course of MBBS and in 2nd Counseling, they were offered better colleges, as per their choice, and when they had gone to the Medical Colleges of their better choice, from Patliputra Medical College, Dhanbad to Mahatama Gandhi Medical College, Jamshedpur, they have been denied their admissions. The reason for filing the aforesaid two writ petitions is reduction in medical seats by virtue of unilateral and ex parte decision taken by the Government of India through the Ministry of Health & Family Welfare, New Delhi dated 15th/24th July, 2014 (which are annexed with the Memo of Petitions). These letters of the Government of India dated 15th/24th July, 2014 is the root cause of these writ petitions. W.P. (C) No. 4436 of 2014 has been preferred by the State of Jharkhand mainly challenging the letter dated 15th/24th July, 2014 of the Government of India, Ministry of Health & Family Welfare, New Delhi whereby the increased medical seats in Rajendra Institute of Medical Science, Ranchi (in short 'RIMS, Ranchi') from 90 to 150, in Patliputra Medical College, Dhanbad (in short 'PMC, Dhanbad') from 50 to 100 and in Mahatama Gandhi Medical College, Jamshedpur (in short, MGM, Jamshedpur') from 50 to 100, have been disapproved. The aforesaid increase in the medical seats had been approved since last approximately three years so far it relates to RIMS, Ranchi, whereas, for rest two colleges i.e. PMC, Dhanbad and MGM, Jamshedpur, the increase had been approved since last one year.
(3.) Thus, the bone of contention is the letter of the Government of India, Ministry of Health & Family Welfare, New Delhi dated 15th/24th July, 2014 in all these three writ petitions and the said letter dated 15th July, 2014 reads as under: - "To, The Principal/Dean, Rajendra Instt. Of Medical Sciences Tukitoli, Ranchi, Jharkhand Sub: Renewal of permission of 4th batch of 90 to 150 MBBS students for academic session 2014-15 at Rajendra Instt. of Medical Sciences, Ranchi, conveying of DISAPPROVAL of scheme. Sir/Madam, With reference to MCI's letter no.37(1)(RI-29)(UG)/2013-Med.113818 dated 10.06.14 with respect of your Scheme for renewal of permission of 4th batch of 90 to 150 students of MBBS course for the academic session 2014-15, the Medical Council of India has recommended to disapprove the scheme submitted by you. The recommendation of the MCI was conveyed to you with request to submit compliance report. The compliance report, if submitted by you following personal hearing, was referred to MCI with request to renew their earlier recommendation. 2. In view of the above, I am directed to convey the decision taken to 'DISAPPROVE' your scheme of renewal of permission of 4th batch of 90 to 150 students of MBBS Course for the academic session 2014-15. However, this disapproval of the scheme for 2014-15 shall not prevent the college from submitting a fresh scheme for subsequent academic year. 3. This issues with the approval of Hon'ble Minister for Health & Family Welfare. Yours faithfully, Sd/- (Amit Biswas) Under Secretary to the Govt. of India Tel: 011-23061120";