Muskan Jagwani vs Union Of India
2021 Latest Caselaw 2367 Chatt

                            HIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet

                                       WPC No. 2888 of 2019
                            Shailza Raj Jayaswal -Versus- Union Of India

      WPC Nos. 3369/2019, 3592/2019, 3627/2019, 3830/2019, 3834/2019, 4042/2019,
                              4122/2019 & 4205/2019,




16/09/2021
                   Mr. Faiz Kazi and Mr. Pankaj Singh, Advocates for the respective

             petitioners.

                   Mr. Amrito Das, Additional A.G. for the State.

                   Mr. Aman Tamboli and Mr. Saurabh Sahu, Advocates for the

             respective respondents.

Today, when the matter was taken up for hearing, learned State

counsel drew the attention of this Court to the subsequent development

that has transpired pending the writ petition before this Court.

The State Government has meanwhile vide an ordinance dated

28.07.2021 has acquired the Chandulal Chandrakar Memorial Medical

College, Durg. The ordinance has subsequently been followed by

enacting of the Act on the 3rd of September, 2021 known as Chhattisgarh

Chandulal Chandrakar Memorial Medical College, Durg (Acquisition) Act

of 2021.

Based upon this development, the State Government had also meanwhile made a correspondence to the Secretary, National Medical

Commission vide their correspondence dated 30.08.2021 seeking

approval or sanction of their proposal for accommodating the 183

students pursuing their MBBS course at the Chandulal Chandrakar

Memorial Medical College to the different medical colleges under the

State Government as on date.

The State Government had also prepared a proposal for the

number of sheets to be allocated for each year to each of the medical

colleges in the State of Chhattisgarh. The said correspondence is yet to

be responded from the side of National Medical Commission.

The counsel appearing for the National Medical Commission today

submits that since this correspondence dated 30.08.2021 is an additional

development, he prays for a short adjournment to seek necessary

instructions from the National Medical Commission in respect of the said

proposal made by the State counsel.

Given the said facts and circumstances of the case, the bunch of

writ petitions at this juncture stand adjourned to be be taken up on the 23 rd

of September, 2021 enabling the counsel for the National Medical

Commission to take necessary instructions.

It is expected that the National Medical Commission shall while

taking an appropriate decision shall take in to consideration the judgment

of the Hon'ble Supreme Court rendered in the case of "Sourabh Brala and others v. Union of India and others" reported in (2019) 17 SCC

123, wherein the Hon'ble Supreme Court had laid down certain guidelines

under if not on identical similar set of facts.

Awaiting the response from the side of the National Medical

Commission, the matter stands adjourned to be taken up on the 23 rd of

September, 2021.

Sd/-

(P. Sam Koshy) JUDGE

Ved