SOURABH BRALA AND OR versus UNION OF INDIA AND ORS.

SOURABH BRALA AND OR versus UNION OF INDIA AND ORS.

Once Respondent No. 5 College is taken over by the State Government, and after affiliation by Hemwati Nandan Bahuguna Uttarakhand Medical University and permission by Medical Council of India, students admitted to the first year MBBS course may sit for the first year examination conducted by the affiliating University.

Parties
Petitioner: Sourabh Brala and Ors.; Respondent: Union of India and Ors.; Respondent: Medical Council of India; Respondent: State of Uttarakhand
Jurisdiction
India
Judgment Date
06 December 2018
Procedural Posture
Writ Petition (civil) / Order on Interlocutory Application
Outcome
Interim directions issued; further hearing scheduled.
Legal Topics
MBBS Course, Transfer of Students, Affiliation of Medical College, Medical Council of India Norms
Education Law MBBS Course Transfer of Students Affiliation of Medical College Medical Council of India Norms

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Parties

Sourabh Brala and Ors.

Petitioner

Union of India and Ors.

Respondent

Medical Council of India

Respondent

State of Uttarakhand

Respondent

Procedural Posture

Writ Petition (civil) / Order on Interlocutory Application

Legal Issues

  1. 1 Whether students admitted to 1st year MBBS course in Respondent No. 5 College may be transferred and allowed to take their examination after completing the first year MBBS course despite deficiencies in the college.
  2. 2 Whether Respondent No. 5 College should be taken over by the State Government to meet Medical Council of India norms and affiliate with the State Medical University.

Ratio Decidendi

Once Respondent No. 5 College is taken over by the State Government, and after affiliation by Hemwati Nandan Bahuguna Uttarakhand Medical University and permission by Medical Council of India, students admitted to the first year MBBS course may sit for the first year examination conducted by the affiliating University.

Court Disposition

Interim directions issued; further hearing scheduled.

Orders

  • Respondent No. 5 College directed to hand over land, building, and assets to State Government by December 7, 2018.
  • Director General of Police, Dehradun, directed to seal the premises forthwith.