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MEMOS OF PARTY
.. Petitioners
Versus
Union of India & Others
.. Respondents
INDEX
1
Short reply by way ofAffidavit by Dr. Avnish 26-9-23 1-8
MEMOS OF PARTY
...Petitioners
Versus
1) Union of India through Secretary, Ministry of Health & Family
Welfare,
Nirman Bhawan, Maulana Azad Road,New Delhi.
2) National Medical Commission (NMC), Pocket No.14,Sector
8,Dwarka, Phase-1,New Delhi, through its Secretary.
3) The State of Punjab, Department of Medical Education and Research,
Respondents...
No.3 & 4.
RESPECTFULLY SHOWETH:
1 That in the present writ petition the petitioners have prayed to direct the
approved medical college within the state of Punjab with the respondent
no. 6 university in view of the fact that the respondent no. 2 (NMC) has
college.
2. That in pursuance to the complaints received from the students and
expect mentally harrased student who is facing such ugly situation during
study in a college can built himself for in the betterment of a healt nation.
3 That on receipt of inspection report P-10, State Government vide its D.0.
dated 24-03-2023 wrote to Director, National Medical Commission, New
3
Delhi to take prompt action against the said college. Copy of the D.O. is
Annexed as Annexure R-1.
4 That vide order dated 26-04-2023. show cause notice was isSued to said
Course for the session 2023-24. vide letter dated 31-05-2023, the. Copy of
annexure R-3 the respondent no.6 has ordered for withdrawl of affiliation
present petit.on.
6 That National Medical Commission has not permitted for
ix. The applicant will deposit the earnest money of Rs. 10.00 lacs
(Rs. Ten Lacs Only) in the form of Bank Guarantee in the name of
Punjab Govt. This amount will be forfeited in case the institute fails
to comply with conditions of Essentiality Certificate.
x. The institute willalso take necessary steps to make the approach
road more proper.
xi. The Punjab Government will have the right to withdraw the
Essentiality Certificate/ No Objection Certificate if the Trust/
Society/ applicant fail to meet any of the conditions of the contained
therein.
xi. The construction work shall be completed within two years and
admission shall be made within 2 years of the issue of Essentiality
Certificate/ No Objection
declared illegal.
XXX XXX XXX XXX
The Hon'ble lordship were pleased to state that the State Government
running of college.
9. That college js doing injustice and fraud with students/parents as college
is deficient in medical faculty to the tune of 86% and deficiency in resident
nil. The college management is playing fraud with the students as well as
with the society. The management has failed in each and every inspection
done by the state govt. since 2011 onwards. This college was given
permission to admission fot MBBS students in 2011,2014 &2016 batch
only. It was denied in the year 2013,2015 and 2017. The college was
closed in year 2017 and Essentiality Certificate was withdrawn and
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respondent no. 5 college has not questioned/raised any finger about the
forfeiture/encashment of bank gurantee of Rs. 9.5 Crore,which amounts to
admissiTn of the respondent college for failure to adhere to the statutory
permission of Act, regulations and norms of Medical Council of India now
called National Medical commission.
reported in 2021 AIR(Supreme Court) 2673 where it has been held that
grant of Essentialty Certificate by State Government &consent ot afilation
by University is not simply ministrial act. These are cruisial for avoiding
cases where colleges despite grant of intial permission could not provide
infrastructure, teaching and other facilties as resert whereoff students who
11. That regarding the prayer of the petitioners for shifting to other recognised
Medical Colleges it is submitted that the students can only be shifted with
the approval of Respondent no.1 &2 and Respondent no.1 &2 are party
in the present writ petition, as it is the prerogative of the respondent no. 1
& 2only to take decsion in this regard to give permission for creating
supernumery seats so that the students could be shifted to other
recognised Medical Colleges of the State.
12. That in view of above it is submitted that a detailed report citing history of
this institution and its inability to remove the deficiencies despite repeated
reminders is under active consideration which will be sent to National
Medical Commission to take final call in this matter. It is for the National
In view of the above it is respectfully prayed that the present petition may
be disposed of in the light of averment made above qua the respondents no. 3 &4.
Deponent
Dr Avnish Kumar
Place Chandigarh Director Research and Medical Education, Punjab
Dates- 26-4-23
Annexure R-1
Punjab
on letter pad of Special Chief Secretary. Government of
Department of Medicaleducation and Research Punjab.
Best wishes.
SD
Anurag Agarwal
Punjab
Directorate of Medical Education & Research,
Medical Sikhia Bhawan, Sector 69, SAS Nagar {^ohali)
(e-mail- [email protected] )
To.
The Principal
White Medical College, Bungal,
Pathankot.
No.1ME3-Pb-23/
Dated the:
Director,
Medical Education & Reseach Punjas
please
for iníormaticn and necessary actionMedical
AcO:y Gí the ab:ve is forwarded (o tne folfowIng
Goversnen! of Punjab, Depariment oí Educatior: &
4
Acitional Cihief Secretary tc
Psearch, Punjab, Chandigarli New Delni
Pocke! 14, Sector: 8, D:varike Phase-1
C:ctor National Medica' Cornmission,
110977
Health Sciences, Faridkot
3. Rag1stra: Baba Farid University uf
Oirect,
Muical Educ.i &Resech Punjab
Annexure R-3
SD/
Registrar
1. The Principal Secretary to Govt. of India, Ministry of Health &Family Welfare (ME-1 Section), New
Delhi.
2. The Principal Secretary to Govt. of Punjab, Department of Medical Education & Research, Civil
Secretariat-ll, Sector-9,Chandigarh.
3.Director, Research &Medical Education, Punjab, Medical Education Bhawan. Sector 69, Mohali.
4. The Secretary, National Medical Commission, Pocket-14, Dwarka, Phase-1, New Delhi.
5. The Principal, Chintpurni MedicalCollege & Hospital, Village Bungal, Distt. Pathankot.
6. PA to Vice Chancellor for the information of the Hon'ble Vice Chancellor.
7PA to Registrar for the information of the worthy Registrar.
8. Controller of Examinations.
9. Finance Officer.
SD/
Registrar
TRUE COPY
13
Annexure R-4
SINO. Course Select Name and University Name Management Year of Annual Status of MCI/NMC Date of
Name Address of College Inception Intake Recognition
State of of (Seats)
Medical College
College/
Medical
Institution
To
The Sccretary,
ChintpurniSchool of Fducational Socicty.
J203c
P.0. Bungal, Dallhousie Road,
Pathankot, Distt Gurdaspur, Pb.
jo)1)1o
Menmo No.2/S8/2010-21BU/ &36
Datcd, Chandigarh the7DjDoo
College (M.B.B.S.) Course
Certificote tu establish a Medical
No Objcction/ Essentiality Fifty) seats in Chintpurni Medical College &
Subjcct : Hundred
with an take of 150 ( One
Hospital, Pathankot, Distt. Gurdaspur.
2. It is certified
that :
public interest.
a medical college in the
It is desirable to establish College & Hospital.
College at Chintpurani Medical
b. Establishment of a Medical
feasible.
Pathankot, Distt. Gurdaspur is
norms is available it is
per the Medical Council of india
C. Adequate clinical material as
as
create infrastructure for the Medical College
further that in case the applicant fails to
admissions are stopped by the Medical
per Meical Council of India norms an fresh
over the responsibility of the students
Council of India, the State Government shall take
Central Government.
already admitted in the college with the permission of the
3. Conditions:
following
The Essentiality Certificate for 150 seats Medical College is granted with the
conditions:
i. All the documents as asked for ide government letter referred to above would
be supplied by the Soclety well belore making the admissions
ii. The institution will obtain recognition from the Baba Farid University of Health
Sciences, Faridkot/ Medical Council of Indla, New Delhi before making
admissions
ii, No admisslon shall be made without the prlor approval of Punjab Government
for whlch the Institute will request the State Government after putting up the
requlsite infrastructure
by Punlab Govt. froin time to
0v. The admission shall be done as per criteria fixed
time.
the essentiality
Xi. The Punjab Government will have the right to withdraw
certificate/ No Objection Certificate if the Trust/ Society/ applicant fail to meet
any of the conditions of the contained therein.
shall
xil. The construction work shall be completed within two years and admission
be made within 2 years of the issue of Essentiality Certificate/ No Objection
Certificate.
Superintendent
for Secretary Medical Education & Research
Superintendent
for Secretary Medical Education&Research