NEW DELHI, APRIL 9: The Supreme Court has passed strictures on Allahadad High Court for exercising its "extraordinary jurisdiction" under Article 226 of the Constitution in an "extraordinary manner" by granting an interim mandatory relief to a trust to run a medical college, though the Central Government had rejected such permission."In a hot haste, in a case where there was no urgency, the High Court by the impugned order dated October 11, 1999, stayed the operation of the order dated June 4, 1999, passed by the Central Government rejecting the permission, and directed the state government to allocate students to the medical college for the purpose of admission,'' the court noted.Allowing appeals by the Union of India and the Medical Council of India, a division bench comprising Justice M J Rao and Justice M B Shah quashed the impugned interim order of the High Court passed on a petition by Lucknow-based Era Educational Trust and another, which established the medical college."By granting stay of the order of the Central Government after obtaining recommendation of the Medical Council twice, it is difficult to hold that it would amount to a permission to estbalish the medical college,'' the judges observed.The judges said the extraordinary powers under Article 226 were to be exercised for rendering justice in accordance with law. "Medical colleges cannot be established except with the previous sanction of the Central Government as provided under the Indian Medical Council Act, 1956. Unfortunately, by granting this interim order with ones allowing the respondent therein time to file their counter affidavits, the High Court file only violated the norms for grant of interim relief, but has also violated the principles of natural justice and has allowed the petition on this rate of its admission. It is apparent that on the day when the petition was spresented, the High Court straightaway granted the mandatory order permitting the trust to establish the medical college,'' the apex court pointed out.However, considering the fact that the trust has started the college, students have been admitted and that the impugned High Court has been set aside by it, the court, on specific a statement made on behalf of the respondent-trust that all infrastructure requirements under the regulation framed by the Medical Council will be complied with and that a 300-bedded hospital is likely to be ready within months, asked the Medical Council to ask the Central Government to grant permission after satisfing itself about the necessary requirements for medical college.
