Jharkhand High Court
Manipal-Tata Medical College vs Union Of India & Ors on 24 October, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.5718 of 2024
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Manipal-Tata Medical College,
Jamshedpur & Anr. .......... Petitioners.
-Versus-
Union of India & Ors. .......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners : Mr. Gopal Subramanium, Sr. Advocate
Mr. Nikhil Nayyar, Sr. Advocate
Mr. Ajit Kumar, Sr. Advocate
Mr. Ashok Panigrahi, Sr. Advocate
Mr. Parth Jalan, Advocate
For the UOI : Mr. Anil Kumar, ASGI
Mr. Abhijeet Kr. Singh, CGC
For Res. No.2 : Mr. Laxman Kumar, Advocate
For Res. No.3 : Mr. Indrajit Sinha, Advocate
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Order No.03 Date: 24.10.2024
1. The present writ petition has been filed for issuance of
direction upon the respondent no.1 to grant approval of the
off-campus centre i.e. Manipal Tata Medical College,
Jamshedpur in terms with the judgment dated 13th May, 2021
passed in W.P.(C) No.3588 of 2020. Further prayer has been
made for issuance of direction upon the respondent no.1 to
consider the application made by the petitioner no.2 dated 17th
June, 2021 for grant of approval of its off-campus in a time
bound manner, not exceeding two weeks in terms with the
aforesaid judgment of this Court.
2. The petitioners had earlier filed a writ petition being W.P.(C)
No.3588 of 2020 for quashing the notice under Ref. U-
11011/04/2020/14-MEC dated 06.11.2020 (Annexure-28 of the
said writ petition) issued by the office of ADG(ME), Government
of India, Directorate General of Health Services, Medical
Counselling Committee (MCC), New Delhi, whereby Manipal Tata
Medical College, Jamshedpur- the petitioner no.1 was removed
from the seat matrix for the first round of counselling of
undergraduate seats being held in pursuance of the NEET-2020
Examination.
3. The said writ petition was disposed of by this Court in the
following terms:-
(i) The notice dated 06.11.2020 issued by the Office of
ADG(ME), Govt. of India, Directorate General Health
Services, Medical Counselling Committee is hereby
quashed and set aside.
(ii) The admission of the MBBS students taken by the
petitioner no.1-College in view of the order dated
20.11.2020 passed by the Hon'ble Supreme Court in
Special Leave to Appeal (C) No.13609 of 2020 is hereby
confirmed.
(iii) The petitioner-college shall make an application under
Regulation 11.7.1 of the Regulations, 2021 for getting
post facto permission for establishment of off campus
centre (the petitioner no.1) which shall be processed
by the concerned respondents expeditiously as an
exceptional case.
4. Mr. Gopal Subramanium, learned senior counsel appearing on
behalf of the petitioners, submits that the aforesaid order of
this Court has not been complied by the concerned authority
of the Government of India, as the post facto permission for
establishment of off-campus centre (petitioner no.1) has not
yet been granted.
5. It is a matter of serious concern that the aforesaid judgment
dated 13th May, 2021 remains uncompiled by the respondent
authorities even after lapse of about three and half years.
6. However, at the request of Mr. Anil Kumar, learned ASGI, the
respondent no.1 is granted four weeks' time to file specific
affidavit regarding the steps taken by it in compliance of the
judgment dated 13th May, 2021 passed in W.P.(C) No.3588 of
2020.
7. It is made clear that pendency of the writ petition will not come
in the way of the respondent no.1 to grant post facto
permission for establishment of off-campus centre i.e. the
petitioner no.1.
8. Put up this case under the heading "For Admission" on 28th
November, 2024.
(Rajesh Shankar, J.)
Sanjay/
