IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18129 of 2009 1. BISHWAMBHAR PRASAD, SON OF KUSESHWAR RAUT, RESIDENT OF AT/P.O BEHAT, P.S. JHANJHARPUR (R.S) DISTRICT MADHUBANI 2. MUKUL KUMAR, SON OF BIRENDRA KUMAR, RESIDENT OF VILLAGE RAKSHA, P.S. KARJA, DISTRICT MUZAFFARPUR. 3. ADITYA KUMAR, SON OF SRI RAM AWTAR SAH, RESIDENT OF VILLAGE MAHUA, P.S. MAHUA, DISTRICT VAISHALI 4. SRI KAILASH PATI, SON OF KAMAL SINGH, RESIDENT OF MISSION COMPOUND, P.S. CHATTAUNI, MOTIHARI, DISTRICT EAST CHAMPARAN. --- PETITIONERS Versus 1. THE UNION OF INDIA, THROUGH THE UNDER SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, NIRMAN BHAWAN, NEW DELHI 2. THE MEDICAL COUNCIL OF INDIA, THROUGH ITS SECRETARY POCKET NO. 14, SECTOR 8, DWARIKA, NEW DELHI. 3. THE STATE OF BIHAR, THROUGH SECRETARY, HEALTH AND MEDICAL EDUCATION, GOVERNMENT OF BIHAR, PATNA. 4. THE MAGADH UNIVERSITY, THROUGH ITS REGISTRAR, BODH GAYA, GAYA. 5. SURENDRA HEMAN EDUCATION AND WELFARE SOCIETY & SURENDRA MEDICAL COLLEGE AND HOSPITAL, PATNA THROUGH ITS SECRETARY, SHRI SHIV KUMAR SINGH, SURENDRA NAGAR, SHIVALA MORE, P.S. KHAGAUL, DISTRICT PATNA. --- RESPONDENTS. For the petitioners :- Mr. Sunil Kumar, Advocate Mr. Upendra Mishra, Advocate For the Union of India :- Mr. Dr. Mayanand Jha For the State :- Mr. Krishna Chandra Jha, A.C. to SC 18 For the University :- Mr. Jai Shankar Barnwal, Advocate ----------- 3 26.4.2010 This writ application has been filed for a direction to the State Government to take proper action against the opening of such medical colleges and other technical institutions without taking proper permission from the State Government and fulfilling the criteria laid down by the Medical Council of India. The petitioners are the students of Surendra Medical College & Hospital, Patna who had taken admission in the year 2004-2005. As a result of taking admission in the college, it is said that they have wasted their time and the college has surreptitiously asked them to deposit a fat fee in lieu of the admission. It has been submitted that the college 2 may be directed to refund the fee. A counter affidavit has been filed on behalf of respondent no. 3, Secretary, Health and Medical Education, Government of Bihar in which it has been stated that the State Government from time to time issued advertisements in leading newspapers warning the citizens and students for not taking admission into such colleges which do not have the required letter of permission and recognition from the Medical Council of India. Advertisements have been annexed as annexure-A series which are dated 15.7.2003. It has also been stated that the management of the college had filed a writ application before this Court praying therein that the admitted students may be permitted to appear for the examinations. However, this Court did not issue any directions in favour of the Surendra Medical College and Hospital, Patna. An F.I.R. has also been instituted against the institute in question which is contained in annexure-B. Considering all these facts I do not think that any further directions are to be passed by this Court with respect to issuance of a rule to the State Government in this matter. The question of granting permission to the students to appear in the examination has already been disposed of vide a writ application filed in this Court by the management of the college and as such no directions can be issued by this Court permitting the petitioners to appear in 3 examination. At present the college does not stand affiliated to any of the Universities in the State of Bihar and as such it is upto the college authorities to take steps in this direction. In view of the aforesaid fact, this writ application is dismissed. Sanjay (Sheema Ali Khan, J.)