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1996 DIGILAW 22 (ORI)

PRABHAT KUMAR NOTA v. SUPERINTENDENT OF POLICE, BHUBANESWAR

1996-01-22

D.P.MOHAPATRA, R.K.PATRA

body1996
R. K. PATRA, J. ( 1 ) THE petitioner is an advocate who has filed this writ petition by way of public interest litigation. He has alleged that a number of fake institutions in the name of imparting medical education and training have sprung up at Bhubaneswar. According to the petitioner those institutions are unauthorised, unapproved and award fake degrees, diplomas and certificates which have no value. All those institutions have come into being solely for the purpose of making money by inducing and alluring innocent students who easily fall prey to the bait because of unemployment. The petitioner has named three such institutions which are arrayed as opposite parties 2 (a), 2 (b) and 2 (c ). They are : 1. The State Institute of Medical Science and Technology-cum-Hospital, C/110 (HIC), Baramunda Housing Colony, Bhubaneswar; ( 2 ) THE Institute of Medical Technology, C / 25, BOA Palasapalli, Bhubaneswar; and ( 3 ) BHAVE Institute of Medical Technology, CRP Square, Bhubaneswar. Notice being issued to the opposite parties, counter-affidavit has been filed on behalf of the Director of Medical Education and Training, Orissa (D. M. E. T. in brief) and the State of Orissa represented by its Secretary in the Health and Family Welfare Department (opposite parties 5 and 6 ). Opposite party No. 2 (b) i. e. the Institute of Medical Technology. Palasapalli, Bhubaneswar has filed its counter-affidavit. The Director General of Police. Orissa and the Secretary, Home Department who are opposite parties 3 and 4 have not chosen to file any affidavit on their behalf. Similarly the other two institutions, i. e. opposite parties 2 (a) and 2 (c) have also not filed any counter-affidavit in the case. In the counter-affidavit filed on behalf of the D. M. E. T. and the Secretary, Health and family welfare Department of the Government, it has been stated that the three named institution, have not been recognised by the State Government. In the counter-affidavit, it has further been stated that the State Government have no power or authority to restrain any private body from establishing any medical institutions and seize the certificates issued by them or to take any action against them for establishing such institutions. In the counter-affidavit, it has further been stated that the State Government have no power or authority to restrain any private body from establishing any medical institutions and seize the certificates issued by them or to take any action against them for establishing such institutions. It has no doubt issued Press Notes, Annexures-A 6 and B 6, warning the students against the take institutions and the Superintendent of Police, Bhubaneswar was requested in Government letter dated 28-8-1993, Annexure-C 6, to take appropriate action against the unrecognised medical institutions. ( 4 ) OPPOSITE party No. 2 (b), i. e. , the Institute of Medical Technology, Palasapalli, in its counter-affidavit has averred that it is imparting education on medical technology and the said course is known as Diploma in Medical Laboratory Technology Course (D. M. L. T.) having a duration of one year. The institute is registered under the Societies Registration Act and is affiliated to and recognised by the All India Institute of Medical Technologists, Calcutta. In the affidavit, opposite party No. 2 (b) has further stated that its sole aim and object is to impart laboratory technology training and to run a free pathology clinic for poor under the supervision of well qualified experienced pathologists. ( 5 ) WHEN this matter was taken up for hearing, this Court by order dated 31-7-1995 required the D. M. E. T. to file affidavit with regard to the three institutions named by the petitioner. Pursuant to the said direction, the D. M. E. T. has filed affidavit on 8-9-1995 stating that he visited the Bhave Institute of Medical Technology, opposite party No. 2 (c) on 23-8-1995 and found that about 55 candidates have been admitted to the laboratory technology course for 1995-96 including three admitted to the X-ray Technician course. He did not find a single X-ray unit in the institute, and the facilities for training are grossly inadequate. Persons in-charge of the institute have collected a sum of Rs. 5000/- from each of the candidates at the time of admission. The D. M. E. T. has also stated in his affidavit that he visited the State Institute of Medical Science and Technology-cum-Hospital, opposite party No. 2 (a ). He did not find it to have any hospital with outdoor and indoor patient intake facilities. 5000/- from each of the candidates at the time of admission. The D. M. E. T. has also stated in his affidavit that he visited the State Institute of Medical Science and Technology-cum-Hospital, opposite party No. 2 (a ). He did not find it to have any hospital with outdoor and indoor patient intake facilities. According to him the institute is not a genuine one and police after investigation has filed a charge-sheet under Section 420, I. P. C. against the persons incharge of the institute in Khandagiri O. E. Case No. 34 dated 7-4-1992. ( 6 ) THIS Court after perusing the said affidavit of the D. M. E. T. , directed the Secretary to the Government. Health and Family Welfare Department, to file affidavit indicating as to what steps are being taken at the governmental level. Pursuant to the said direction, the Secretary has filed an affidavit on 31-10-1995 wherein he has stated that in the year 1990, the Government issued a Press Note warning general public and students not to take admissions in fake institutions. He has further stated that the Government is prepared to take such further action as may be directed by the Court to prevent establishment of unauthorised pharmaceutical institutions in the State. ( 7 ) AFTER hearing and on consideration of the matter, we express our surprise and anguish at the helplessness pleaded by the State in curbing establishment of unauthorised, unapproved and fake institutions like opposite parties 2 (a), 2 (b) and 2 (c ). The State Govt. owes a duty and responsibility that innocent and guideless students are not duped and exploited by cheats claiming to impart different medical courses and training and award certificates and diplomas. The failure of the Government to take action reflects the callous indifference to the interest of youths. The State Government would be within its competence and jurisdiction to devise suitable means - legislative and administrative - to deal with such menace as it had done against establishment of private secondary training schools and colleges by suitably amending the Orissa Education Act recently. The State Government would be within its competence and jurisdiction to devise suitable means - legislative and administrative - to deal with such menace as it had done against establishment of private secondary training schools and colleges by suitably amending the Orissa Education Act recently. The Supreme Court in Managing Committee of Bhagwan Budh Primary Teachers Training College v. State of Bihar, 1990 (Suppl) SCC 722 while expressing its concerns and anxiety against mushrooms growth of unauthorised, unapproved and fake institutions directed the State Government of Bihar to publish advertisements in three newspapers in that State warning the intending students not to take admission in any such institutions which has not got recognition. Following the said decision, the Patna High Court recently in L. N. Mishra Institute of Pharmacy v. State of Bihar, AIR 1995 Pat 85 , similarly directed the State Government of Bihar to take necessary action in the matter. ( 8 ) KEEPING in view the observations and guidelines indicated by the Supreme Court in Bhagwan Budh Primary Teachers Training College (1990 (Suppl) SCC 722) (supra), we hereby command the Chief Secretary of the Government of Orissa to (i) immediately publish advertisements in at least three newspapers of the State having wide circulation warning intending students not to take admission in unauthorised, unapproved institutions which claim to impart technical course in medical science and technology; (ii) to take immediate coercive measures including institution of criminal prosecutions against persons found to be indulged in illegal collection of admission fees, capitation fees and other fees for such institutions; and (iii) to forthwith bring to the notice of the Central Government in the appropriate Ministry for taking legal and other remedial measures against establishment of any such unauthorised, unapproved and fake institutions. We may state here that the aforesaid directions may not be taken to exhaustive. It is open to the State Government to take such other steps as are available in law, both civil and criminal, against establishment of such unauthorised, unapproved and fake institutions in the State. ( 9 ) WITH the aforesaid observations and directions, the writ petition is disposed of. ( 10 ) D. P. MOHAPATRA, A. C. J. , I agree. Order accordingly. .