Reading all the three sections referred to above makes the position very clear that each medical college is obliged to provide the minimum required infrastructure, teaching and other physical facilities for running each of the medical courses in terms ofthe Medical Council of India Regulations. Unless the college provides the minimum required infrastructure, teaching and other physical facilities for imparting each of the medical qualifications by causing an inspection of the college by team of eminent doctors and who makes positive recommendations to the Central Government for recognition of the said medical college, the said medical qualifications would neither be said to be recognized nor would be included in the Schedule to the Indian Medical Council Act. Thus, it is clear that medical qualification granted by Universities in India is required to be recognized under Section 11(1) of the Act and the same shall only be granted to the students who have studied in a college having minimum required infrastructure, teaching and other physical facilities.In view of the same, though we have noticed that consensus order was passed by the Honble Delhi High Court permitting respondent no.8 – College to impart education to the petitioners-students, but due to lack of proper infrastructure and other facilities, no educational activity was being provided and, therefore, respondent no.8 – College cannot derive any advantage relying on the said order passed by the Honble Delhi High Court. Even otherwise, in the order of the Delhi High Court, nothing is stated or clarified about the status of the first batch of the students as to whether the degree would be recognized under Section 11 of the Indian Medical Council Act and further there is no certainty of the status of the students as well as of the college, whether in futureformal approval would be granted by the Central Government under the Act, more particularly, when in two successive academic years i.e. 2010-2011 and 2011- 2012 the renewal permission are denied. We fail to understand that in spite of all this how can respondent no.8 – College still assert and insist that the students should not be transferred and they must be asked to continue their studies in respondent no.8 – College. We do not understand why an institution obliged to impart education wants to play with the career of innocent students.
Posted on: Thu, 18 Sep 2014 11:35:03 +0000
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