With Punjab and Haryana High Court directing authorities to shift students of the Chintpurni Medical College and Hospital to other institutions within two months, the college authorities have now filed a Latent Patent Appeal (LPA) against the single bench order saying the court could not have passed a judgment when their case is pending before the apex court.
Although the High Court had not ordered any closure of the college, the single bench of Justice Ajay Tiwari last month had passed directions for shifting the students in the petition filed in April 2016 by the college students. The bench had noted the Punjab government, Medical Council of India and the central government all had come to a conclusion that the college had failed in creating the necessary infrastructure for the students.
“Even if (the) college has not been shut down there is no doubt that it is just limping along,” said the High Court bench in its judgment dated September 8. It added: “This is the second or third occasion when its admissions have been barred and on every such occasion the ground has been that it has not been able to create the infrastructure.”
The counsel representing the institute, advocate Arjun Pratap Atma Ram, on Wednesday said an appeal had been filed to challenge the single bench judgment on the shifting of the students. “Our main ground for prayer is the High Court could not have passed a judgment when the case is also pending before the Supreme Court,” Ram told The Indian Express.
The college had been setup in 2011, but a year later, the MCI denied it the permission to conduct any fresh admissions because of the lack of adequate infrastructure. The college, however, was allowed to admit students in 2014-15 on the basis of an undertaking in the Supreme Court. The permission was withdrawn in 2015-16 after the MCI found “certain grave irregularities” in functioning of the institute.
Union Ministry of Health and Family Welfare on May 31 again barred the Pathankot-based college from admitting students for 2017-18 and 2018-19 sessions for the allotted 150 MBBS seats. However, the college through its Director moved Supreme Court against the order issued by the Centre. The Supreme Court on August 30 had asked the High Court to take up the matter of the students seeking being shifted to other medical colleges, and pass appropriate orders in first week of September.
On Wednesday, Chief Minister Amarinder Singh’s office issued a statement that on his directions senior officials of the government met the Medical Council of India officials to work out the modalities for shifting of college students.
The official press statement, while highlighting the steps taken by the government for rehabilitation of the affected students, also mentioned that the “Chintpurni (college) was owned and managed by BJP leader Swaran Salaria, now the party’s candidate for the Lok Sabha bypoll in Gurdaspur.”