Supreme Court: The 2-Judge Bench comprising of R.F. Nariman and M.R. Shah, JJ.  addressed a grievance of the students of 1st year MBBS Course, alleging that respondent college has not got its act in order.

The petitioners in the present case have submitted that they be transferred from Respondent 5 college to any other college in the State and be allowed to take their examination after having completed the first year of MBBS.

Mr J.K. Sethi, Learned Deputy Advocate General of the State of Uttarakhand  stated that the State Government would be willing to take over the students and Respondent 5 along with its infrastructure and assets, so that it could then meet both the Medical Council of India’s norms and affiliate with Hemwati Nandan Bahuguna, Uttarakhand Medical University.

The Supreme Court while laying down its order, directed Respondent 5 to hand over the land, building and all assets as stated, to the State Government. Further, on an application being made by the State Government to the stated University, the University will after making an inspection, as per its statutes, proceed to take steps either to grant affiliation or otherwise.

The Court also made it clear by stating that, if the aforestated University affiliates the institution and the Medical Council of India grants permission, students who have taken first year course, can then sit for the first year examination of MBBS. Director General of Police, Dehradun was directed to seal the aforesaid premises. The matter is listed on 13-12-2018 for further hearing. [Sourabh Brala v. Union of India,2018 SCC OnLine SC 2729, Order dated 06-12-2018]

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