ASHEESH PRATAP SINGH AND ORS. versus M. SACHDEVAND ORS.

ASHEESH PRATAP SINGH AND ORS. versus M. SACHDEVAND ORS.

In special circumstances where students have already passed the first professional and their college is closed, they must be accommodated in other colleges within the existing infrastructure and intake norms, by adjusting future intakes so overall strength is not increased.

Parties
Petitioner: Asheesh Pratap Singh and Others; Respondent: M. Sachdeva and Others
Jurisdiction
India
Judgment Date
19 December 2002
Procedural Posture
Contempt Petition Civil No. 344 of 2002 With Writ Petition Civil No. 8/2001 and Contempt Petition No. 431/2002 in W.p.(c) No. 76/2001 / Order
Outcome
Interim directions issued; matter pending.
Legal Topics
MBBS Admissions, Medical College Infrastructure, Migration of Medical Students, Compliance With Court Orders
Education Law Medical Education Administrative Law MBBS Admissions Medical College Infrastructure Migration of Medical Students Compliance With Court Orders

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Parties

Asheesh Pratap Singh and Others

Petitioner

M. Sachdeva and Others

Respondent

Procedural Posture

Contempt Petition Civil No. 344 of 2002 With Writ Petition Civil No. 8/2001 and Contempt Petition No. 431/2002 in W.p.(c) No. 76/2001 / Order

Legal Issues

  1. 1 Whether students allocated to a closed medical college should be accommodated in other colleges.
  2. 2 How to comply with statutory intake limits while accommodating displaced students.
  3. 3 Role of Medical Council of India (MCI) and Directorate General of Medical Education in implementing Supreme Court directions.

Ratio Decidendi

In special circumstances where students have already passed the first professional and their college is closed, they must be accommodated in other colleges within the existing infrastructure and intake norms, by adjusting future intakes so overall strength is not increased.

Court Disposition

Interim directions issued; matter pending.

Orders

  • MCI and Directorate General of Medical Education of U.P. shall accommodate all affected students in respective colleges for the second professional examination.
  • Seats for these students to be provided in different colleges, adjusted over time by reducing intake in following years so overall strength does not increase.