Chennai: Noting that Annai Medical College and Hospital in Sriperumbudur is currently in the possession and management of the old trustees, Madras high court on Thursday said the same position shall continue subject to the outcome of the Special Leave Petition before the Supreme Court.
Justice N. Kirubakaran posted to October 24, further hearing of a batch of petitions filed by 146 students of the college.
According to petitioners, they were the second year MBBS students in the college which was started only last year.
While seeking approval of the central government, the state government had given an essentiality certificate, in which it has stated that in case of closure of the college because of some reasons, the state government would take care of the students in its institutions.
Since the basic infrastructures have not been provided by the college, the central government after giving several opportunities has ordered the stoppage of admission of students for two years.
As the college failed to repay the loan, the properties were taken over by banks and were brought for auction. The hospital was also closed and several staff resigned. Moreover there was dispute between the trustees over the management of the college. Therefore, the government has to absorb them in its colleges as per the essentiality certificate, they added.
When the matter came up for hearing on Thursday, it was brought to the notice of the court that the apex court had already passed an order on a petition filed by the college at the instance of old trustees on September 14, 2017, directing the Union government, Medical Council of India and the state government to allow the students who were admitted in the college on the basis of the conditional LOP for the academic year 2016-17 to continue their study.
Advocate general Vijayanarayan submitted that though the state government had granted essentiality certificate for establishment of the college by the trust on September 30, 2010, the same was cancelled by an order dated May 11, 2011.
When such was the position, without bringing the cancellation order to the knowledge of the apex court, the old trustees had obtained orders. However, counsel for the old and new trustees submitted that the trust was not informed about the cancellation of the essentiality certificate.
The judge said, “It is not known as to how MCI recommended to the central government on June 13, 2016 and the central government granted approval on August 20, 2016, without noticing the cancellation of the essentiality certificate. It was also not known as to whether the parties have correctly placed the facts before the apex court when the order was passed.”
In the above circumstances, V.P. Raman, counsel for MCI and Rabu Manohar, central government standing counsel submitted that they will get clarification from the apex court regarding the order passed.
Likewise, Senior counsel Sirajudeen appearing for the students submitted that he would also bring the above facts to the notice of the apex court.
As the SLP filed against the order passed by this court is coming up for hearing before the apex court on October 13, it is open to the petitioners as well as the MCI and the central government to seek permission to intervene, to place the correct facts before the apex court.
