Gauhati High Court

Page No.# 1/6 vs Education Research And Development ... on 6 February, 2025

                                                                 Page No.# 1/6

GAHC010216862024




                                                           2025:GAU-AS:1220

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : Review.Pet./208/2024

         THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM, MEDICAL EDUCATION AND RESEARCH
         DEPARTMENT, DISPUR, GUWAHATI-6

         2: THE DIRECTOR OF MEDICAL EDUCATION
         ASSAM
          SIXMILE
          KHANAPARA
          GUWAHATI-22

         VERSUS

         EDUCATION RESEARCH AND DEVELOPMENT FOUNDATION (ERDF) AND
         ORS
         A REGISTERED TRUST HAVING ITS OFFICE AT ERDF BHAWAN LALMATI
         ROAD, BHETAPARA, GUWAHATI-781028, REPRESENTED BY ITS FOUNDER
         TRUSTEE AZMOL HUSSAIN BARBHUIYA.

         2:AZMOL HUSSAIN
          S/O SIDDEQUE ALI BARBHUIYA R/O FLOWER LANE NEAR LITTLE
         FLOWER SCHOOL
          HATIGAON
          GUWAHATI-781038
          KAMRUP (M)

         3:THE STATE OF ASSAM
          REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          HEALTH AND FAMILY WELFARE DEPARTMENT
          DISPUR
          GUWAHATI-6

         4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
          HEALTH AND FAMILY WELFARE DEPARTMENT
          DISPUR
                                                                       Page No.# 2/6

             GUWAHATI-6.

            5:SRIMANTA SANKARADEVA UNIVERSITY OF HEALTH AND SCIENCES
             NARAKASUR HILLTOP BHANGAGARH
             GUWAHATI- 781032
             REPRESENTED BY ITS REGISTRAR.

            6:THE PHARMACY COUNCIL OF INDIA
             NBCC CENTRE
             3RD FLOOR
             PLOT NO. 2
             COMMUNITY CENTRE
             MAA ANANDAMAI OKHLA PHASE I
             NEW DELHI-110020

            7:THE JOINT SECRETARY
             HIGHER EDUCATION DEPARTMENT
             DISPUR
             GUWAHATI

Advocate for the Petitioner   : MR. D SAIKIA, MR. D P BORAH

Advocate for the Respondent : SC, HEALTH, FOR CAVEATOR,MR. A K HANNAN,MR S S
ISLAM,MR M J QUADIR,SC, HIGHER EDU




                                   BEFORE
                  HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                         ORDER

Date : 06.02.2025

Heard Mr. D. Saikia, learned Advocate General assisted by Mr. D. P. Borah, learned Standing Counsel, Health Department for the review petitioners. Also heard Mr. B. D. Das, learned Senior Counsel assisted by Mr. M. J. Quadir, learned counsel for the opposite party Nos. 1 & 2/writ petitioners.

2. By this review petition, the petitioners are seeking for review of Paragraph

- 21 of the Judgment and Order dated 16.08.2024 passed in WP(C) No. 388/2024. It is the case of the review petitioner that they are unable to proceed Page No.# 3/6

with the directions passed by this Court in Paragraph - 21 of the Judgment and Order dated 16.08.2024 passed in WP(C) No. 388/2024, inasmuch as that the Memorandum of Understanding signed between the Karimganj Civil Hospital, Karimganj and the Petitioner's College was cancelled with immediate effect by a Communication dated 11.07.2024.

3. Learned Advocate General, relying on the NOC that was issued to the opposite party Nos. 1 & 2/writ petitioners dated 03.06.2022 submits that at Clause - 6 of the said Communication, there is a condition which provides that the institute shall furnish an agreement with the affiliated/parent hospital for clinical exposure as required which will clearly state that such an agreement will not exceed prescribed students patient ratio, in order to avoid overcrowding of hospital which in turn may lead to inadequate clinical exposure of students along with deterioration of patient care. He submits that such documents will be furnished to the Government within a month of issue of the NOC to the State Government with copies to DME and University. It is submitted that during the hearing of Writ Petition No. 388/2024, the learned Standing Counsel, Health Department had furnished the said Communication dated 11.07.2024 before this Court by which the Memorandum of Understanding signed between the petitioner's college and the Karimganj Civil Hospital, Karimganj was cancelled with immediate effect. It is also submitted that this Court had recorded the same in Paragraph - 12 of the Judgment and Order dated 16.08.2024. Under the circumstances, as the Memorandum of Understanding is a requirement in terms of the NOC that was issued to the petitioner's college on 03.06.2022 as well as the Notification dated 07.11.2023, the review petitioners are unable to proceed with the directions passed by this Court in Para - 21 of the Judgment and Order dated 16.08.2024. He, therefore, submits that the review petitioners Page No.# 4/6

are seeking for review of the directions passed in Para - 21 particularly, taking into account that the Memorandum of Understanding, between the Petitioner's College and the Karimganj Civil Hospital, Karimganj has already been cancelled by the Communication dated 11.07.2024.

4. Mr. B. D. Das, learned Senior Counsel appearing on behalf of the opposite party Nos. 1 & 2/writ petitioners on the other hand submits that the Notification dated 07.11.2023 issued by the Commissioner and Secretary to the Government of Assam, Medical Education and Research Department gives a moratorium of 2 years to the Petitioner's College to ensure full compliance with the Regulatory Framework of Nursing, Pharmacy and Allied Health Science Sectors in the State of Assam provided in the Notification dated 07.11.2023. He, therefore, submits that the Petitioner's College has a period up to November, 2025 to satisfy the Regulatory Framework as provided by the Notification dated 07.11.2023. He accordingly submits that even in the absence of an MoU, the Petitioner's College has a moratorium period up to November, 2025 and therefore, the mere cancellation of the MoU between the Karimganj Civil Hospital, Karimganj and the Petitioner's College on 11.07.2024 would be of no consequence. In that view of the matter, he submits that no ground for review has been shown before this Court and the review petition should be dismissed.

5. I have heard the learned counsels for the parties.

6. This Court has considered the Regulatory Framework of Nursing, Pharmacy and Allied Health Sectors in the State of Assam notified by the

Notification dated 07th November, 2023. Annexure - A to the Notification dated 07.11.2023 provides the Minimum Standard Requirement (MSR). Clause - 4 of the MSR provides as under:-

Page No.# 5/6

"4. Teaching Hospital:

a. For Nursing: Societies/ Trusts/other Bodies desirous of opening B.Sc Nursing College must have its own 100 bedded Hospital equipped with all specialties and clinical facilities as laid down by Indian Nursing Council

b. For Allied Health Sciences/Pharmacy Institutes: The institute applying for opening new Allied Health Science/ Pharmacy Institution must have a 100 bedded teaching hospital with X-ray clinic with Radiology/Ultrasound/ CT Scan facilities and NABL accredited Lab.

OR

The Institute should have a MoU with a Government Hospital not below the level of District Headquarter Hospital for a specific period not less than 5 years. The number of Institutes to be tied-up with the Government hospital will be regulated as per section 4(d) of this MSR."

7. In the case in hand, as the Petitioner's College does not have a Hospital of its own, the Petitioner's College should have an MoU with a Government Hospital not below the level of district headquarter Hospital for specific period not less than 5 (five) years.

8. This Court also taken into consideration that the Memorandum of Understanding signed between the Petitioner's College and the Karimganj Civil Hospital, Karimganj was cancelled on 11.07.2024, which is also reflected in Para

- 12 of the Judgment and Order dated 16.08.2024. Therefore, while passing the direction at Para - 21 of the said Judgment and Order dated 16.08.2024, it appears that this Court had made an apparent error on the face of the Court inasmuch as the Memorandum of Understanding signed between the Petitioner's College and the Karimganj Civil Hospital, Karimganj was not taken into account Page No.# 6/6

while passing the directions at Para - 21 of the Judgment and Order dated 16.08.2024 passed in WP(C) No. 388/2024.

9. Accordingly, this Court of the considered opinion that the review petitioners have made out a case for review of the directions passed in Para - 21 of the Judgment and Order dated 16.08.2024 passed in WP(C)/388/2024.

Accordingly, the Para - 21 of the Judgment and Order dated 16.08.2024 passed in WP(C)/388/2024 is modified as under:-

"12. In view of the discussions made hereinabove the petitioners are directed to go for a renewal of the Memorandum of Understanding and/or apply fresh before the Concerned Authorities within a period of 1 (one) week from today. In the event, the petitioners applies for renewal or make a fresh application for having a MoU, the Concerned Authorities shall ensure that steps are taken and completed within a period of 2 (two) weeks from the date of application for renewal or making a fresh application.

Thereafter, the respondent No. 3 shall re-visit the Inspection Report dated 20.10.2023 by taking into consideration that the Petitioner's College has fulfilled all the required infrastructures and facilities to start the Degree and Diploma courses. However, the issuance of NOC shall be subject to the production of Memorandum of Understanding signed between the Petitioner's College and any other Hospitals as specified in the Notification dated 07.11.2023."

10. Review petition is accordingly disposed of.

JUDGE

Comparing Assistant