Supreme Court Orders Government Takeover of Medical College Over Regulatory Violations

The case of Sourabh Brala & Ors. v. Union of India & Ors. involves a legal battle initiated by medical students who were admitted to the first-year MBBS course at a private medical college but later found themselves in a precarious situation due to regulatory non-compliance by the institution. The Supreme Court intervened and ordered the immediate takeover of the college by the Uttarakhand state government, ensuring that the students would be accommodated in a government-run institution that met regulatory standards.

Background of the Case

The petitioners were 150 students enrolled in the first-year MBBS course at Respondent No. 5 College. Despite completing a year of education, they approached the Supreme Court seeking relief, as their college had failed to comply with the requirements set by the Medical Council of India (MCI) and lacked proper affiliation with Hemwati Nandan Bahuguna Uttarakhand Medical University, Dehradun.

The students contended that they had invested their time, effort, and financial resources into their education but faced an uncertain future due to the college’s non-compliance with medical education norms. They requested the Supreme Court to transfer them to another medical institution within the state to complete their studies without disruption.

Arguments by the Petitioners

The petitioners, represented by Senior Advocate Mr. Nidhesh Gupta, argued:

• They had been enrolled in the MBBS course in good faith, assuming that the institution had met all necessary regulatory requirements.
• Their education and future careers were at risk due to the college’s failure to comply with MCI norms.
• The institution did not meet the necessary infrastructure and faculty requirements, making it impossible for students to receive a valid medical degree.
• The students should be transferred to another recognized medical college in the state to ensure that their studies were not interrupted.

Arguments by the Respondents

The respondents, including the State of Uttarakhand and the Medical Council of India, represented by Senior Advocates Mr. J.K. Sethi and Mr. Vikas Singh, contended:

• The private medical college in question had failed to comply with regulatory norms, justifying strict action.
• The state government was willing to take over the institution, including its infrastructure and assets, to bring it under regulatory compliance.
• The students would be given an opportunity to continue their education under government oversight, provided the institution secured affiliation with a recognized university and received permission from MCI.

Supreme Court’s Observations

The Supreme Court carefully considered the submissions of both parties and noted the urgency of the situation. The Court highlighted the following key points:

1. Immediate Government Takeover

The Court deemed it necessary for the Uttarakhand state government to take over the medical college immediately to prevent any further disruption to the students’ education. The order stated:

“The State Government would be willing to take over the students and the Respondent No. 5 College itself, along with all its entire infrastructure and assets, movable and immovable, so that it could then meet both the Medical Council of India’s norms and affiliate with Hemwati Nandan Bahuguna Uttarakhand Medical University, Dehradun.”

2. Handing Over of Assets

To prevent any potential misuse of the institution’s assets, the Court directed:

“We direct the Respondent No. 5 College to hand over the land, building, and all assets, as stated hereinabove, to the State Government forthwith – to be completed latest by tomorrow, i.e., December 7, 2018.”

The Court further instructed the Director General of Police, Dehradun, to seal the premises immediately to prevent any unauthorized actions by the management of the private medical college.

3. Affiliation and MCI Approval

The Supreme Court set out a structured approach for bringing the institution into compliance:

• The state government was directed to apply for affiliation with Hemwati Nandan Bahuguna Uttarakhand Medical University.
• The university was given four weeks to inspect the institution and determine whether affiliation could be granted.
• Once infrastructure and faculty requirements were met, the state government was to seek approval from the Medical Council of India under Section 10A of the MCI Act.

4. Examination for Students

The Court provided that:

“If the aforestated university affiliates the institution and the Medical Council of India grants permission, the students, who have taken the first-year course, can then sit for the first-year examination of MBBS, to be conducted by the affiliating university.”

This directive ensured that the students would not suffer academic setbacks due to the college’s previous non-compliance.

Supreme Court’s Judgment

The Supreme Court issued the following key orders:

• The private medical college was to be taken over by the state government immediately.
• All assets and infrastructure were to be transferred to the state.
• The premises of the college were to be sealed to prevent mismanagement.
• The state government was directed to seek university affiliation and MCI approval.
• Students would be allowed to continue their studies and take their exams once approvals were secured.
• Any future litigation regarding the matter must be brought before the Supreme Court exclusively.

Impact of the Judgment

This ruling has several significant implications:

• Strengthening Medical Education Standards: The judgment reinforces the importance of regulatory compliance in medical education.
• Protecting Student Rights: The decision ensures that students are not penalized for the mismanagement of their institution.
• Government Oversight of Private Institutions: The ruling sets a precedent for state intervention in private colleges that fail to meet regulatory norms.
• Judicial Accountability: The Court’s directive that any future litigation must be brought before it ensures continued judicial oversight.

Conclusion

The Supreme Court’s ruling in Sourabh Brala & Ors. v. Union of India & Ors. highlights the judiciary’s commitment to upholding educational standards and protecting student interests. By ordering the immediate takeover of the non-compliant medical college, the Court ensured that students could continue their education without disruption while holding institutions accountable for regulatory failures. This judgment serves as a strong reminder that medical education must adhere to strict guidelines to safeguard the interests of students and maintain the credibility of the profession.

Petitioner Name: Sourabh Brala & Ors..
Respondent Name: Union of India & Ors..
Judgment By: Justice Rohinton Fali Nariman, Justice M.R. Shah.
Place Of Incident: Uttarakhand, India.
Judgment Date: 06-12-2018.

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