Kundan Son of Shiv Shankar Sharma v. State of Bihar through Chief Secretary, Bihar, Patna
2016-10-06
AJAY KUMAR TRIPATHI
body2016
DigiLaw.ai
JUDGMENT : Ajay Kumar Tripathi, J. Rather unfortunate situation has been created for the petitioners, who are students of M.B.B.S. Unfortunate because they were granted admission after following due process into a Medical College known as Lord Buddha Koshi Medical College and Hospital situated in the district of Saharsa. The College in question was established in the year 2012 after due essentiality certificate issued by the State of Bihar with an undertaking that the State of Bihar takes full responsibility for future of the students, who are before this Court in the present writ application. 2. Within four years of establishment of the Medical College, it has collapsed. The Court is informed that it has also gone into liquidation. The students have been left in lurch after they have completed three years of studies. When they reached fourth year there is neither an establishment nor the forum from where they can complete the course of M.B.B.S. 3. When the students did not get any ears to place their grievances, they have chosen to move the High Court by filing the writ application for a direction both upon the State and the M.C.I. that these students need to be accommodated in other existing Medical Colleges, so that they can complete their course of study. 4. As usual the State Government instead of taking a decisive stand and helping the students in distress is busy in shirking the responsibility by writing letters to different authorities including the M.C.I. 5. As per submission of the counsel for the State the M.C.I. has to first sanction the seats before the students can be accommodated in the Medical Colleges existing in the State of Bihar. The M.C.I., on the other hand, says that the proposal has to emanate from the State giving the background in which they have to be accommodated. Therefore, a kind of log jam situation has been created and the future of the students continue to be bleak. 6. Counsel for the M.C.I. further submits before this Court that one of the requirements, before the M.C.I. can be to entertain such request for shifting, is withdrawal of essentiality certificate issued in favour of the College in question.
Therefore, a kind of log jam situation has been created and the future of the students continue to be bleak. 6. Counsel for the M.C.I. further submits before this Court that one of the requirements, before the M.C.I. can be to entertain such request for shifting, is withdrawal of essentiality certificate issued in favour of the College in question. Because that will be a final proof of the institution having shut down for all practical purposes and thereafter on a recommendation made by the State the required decision will be taken within the shortest possible time. 7. From the kind of stand taken before the Court by the State, obviously nobody in the State is bothered about the students who are in dire state. The shifting of responsibility will not do in the present case. Enough time and accommodation has been granted to the State to take a decision as well as make recommendation to M.C.I. in the above circumstances. 8. Learned Senior counsel further informs the Court that the M.C.I. refused to allow any admission in the College in question from the Session 2013 onwards. In other words, the status of the College is not a matter of dispute or argument. 9. Since the respondent authorities, specially the State of Bihar will not move till they pushed by a judicial order, the Court is constrained to give a direction upon the Principal Secretary, Department of Health, Government of Bihar, or whoever is In-charge at the helms of affairs, since he is said to be on leave for training, that he will withdraw the essentiality certificate of the College in question forthwith. He will make recommendation for accommodation of the students in other existing Medical Colleges as is their responsibility emerging even from the essentiality certificate. The recommendation to M.C.I. will be made within a period of two weeks and thereafter the M.C.I. will give approval and facilitate admission of the students in other Medical College, so that they can complete left over studies within the time frame now. The M.C.I. must take a decision and make recommendation to the Central Government within a period of four weeks thereafter. 10. This order and time frame must be strictly adhered to by one and all. 11. Writ application is allowed in terms of the above direction.