IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH
(EXTRAORDINARY WRIT JURISDICTION)
WRIT PETITION NO. _____________ OF 2021 (PIL)
IN THE MATTER OF:
[●] … PETITIONER
VERSUS
[●] … RESPONDENT
INDEX
S. No. Particulars Annexure Page No.
01. Brief synopsis and list of dates and
events
02. Writ Petition under Article 226 of
the Constitution Of India seeking
issuance of a writ of mandamus or
any other writ, order, or direction to
Government of India and
Government of Uttar Pradesh for
shutting down Uttar Pradesh State
Medical Faculty.
03. True copy of the Indian Medical Annexure
Degrees Act, 1916 along with its A-1
schedule
04. True copy of gazette notification of Annexure
the Repealing And Amendment Act, A-2
2016
05. True copy of RTI Application dated Annexure
01.07.2020. A-3
06. True copy of Reply dated Annexure
05.08.2020 along with Annexures A-4
filed by PIO, Uttar Pradesh State (Colly)
Medical Faculty to the RTI
application dated 01.07.2020.
07. Affidavit in support of Writ Petition.
08. Vakalatnama
Petitioner
Through
Place: New Delhi Counsel
Date:
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH
(EXTRAORDINARY WRIT JURISDICTION)
WRIT PETITION NO. _____________ OF 2021 (PIL)
IN THE MATTER OF:
[●] … PETITIONER
VERSUS
[●] … RESPONDENT
BRIEF SYNOPSIS
That the Petitioner, in the instant petition for public interest, seeks to
permanently restrain the respondent no. 3, the Uttar Pradesh State Medical
Faculty, from granting recognition to training centres for nursing and
paramedical courses, and issuing certificates, diplomas, degrees, etc. to its
students as it draws power from the Indian Medical Degrees Act, 1916,
which has been repealed in its entirety by the Repealing and Amending
Act, 2016.
The present petition also raises a substantial question of law i.e. whether a
council empowered under a statute can proceed to function even when the
said statute has been repealed.
It is also pertinent to mention that the Repealing and Amending Act of
2016 has repealed the Indian Medical Degrees Act, 1916 in its entirety, and
yet the respondent no. 3 has been continuing its functioning for the last 3
years without facing any repercussions for its unauthorized grant of
degrees, diplomas, certifications, recognition to centres, etc.
The respondent no. 3 is also charging fees from the students of paramedical
and nursing institutes and also from such institutes/ centres for granting
them recognition. This action of respondent no. 3 is illegal and respondent
no. 3 should be held liable for the repercussions such said students, and
institutes/ centres, will face upon being made aware of the respondent no.
3’s lack of authority to grant any certifications or degrees, diplomas, etc.
LIST OF DATES AND EVENTS
DATE EVENT
March 16, The Indian Medical Degrees Act comes into force
1916 with the objective of regulating the grant of titles
implying qualification in Western Medical Science
and the assumption and use by unqualified persons
of such title. The Schedule under Section 3 of the
Act mentions all the authorities recognized by the
Act.
December 16, The Govt. of India vide Notification No. 1964 dated
1926 16.12.1926 added ‘The United Provinces State
Medical Faculty’ within the ambit of the Schedule
appended to the Indian Medical Degrees Act, 1916,
thereby authorizing respondent no. 3 to grant
degrees, diplomas, certificates, etc to students of
nursing and paramedical courses.
May 09, 2016 The Repealing and Amending Act, 2016 was
published by the Ministry of Law and Justice in the
Gazette (Extraordinary) of India, and the said Act
came into force on the same day with the objective
to repeal certain enactments and to amend certain
other enactments. As per the said Schedule, The
Indian Medical Degrees Act, 1916 was repealed in
its entirety by the Repealing and Amending Act,
2016, thereby revoking all privileges of the said
U.P. State Medical Faculty to confer, grant, or issue
degrees, diplomas, licenses, certificates, or any
other such documents stating, or otherwise
implying, that the holder, grantee, or recipient
thereof is qualified to practice medicine.
July 1, 2020 The Petitioner filed an application dated 01.07.2020
under the RTI Act, 2005 to the Public Information
Officer, Uttar Pradesh State Medical Faculty.
August 05, The Public Information Officer, Uttar Pradesh State
2020 Medical Faculty sent the reply dated 05.08.2020
whereby the Petitioner was informed that the
respondent no. 3 derives its power from the Indian
Medical Degrees Act, 1916.
July, 2020 The Uttar Pradesh State Medical Faculty is still
functioning and continues to grant degrees,
diplomas, licenses, certificates, or any other such
documents stating, or otherwise implying, that the
holder, grantee, or recipient thereof is qualified to
practice medicine, in contravention of the Repealing
and Amending Act, 2016. Hence, the instant
petition.
Petitioner
Through
Place: New Delhi Counsel
Date:__.__.2021
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH
(EXTRAORDINARY WRIT JURISDICTION)
WRIT PETITION NO. _____________ OF 2021 (PIL)
IN THE MATTER OF:
[●] … PETITIONER
VERSUS
[●] … RESPONDENTS
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF
INDIA SEEKING ISSUANCE OF A WRIT OF MANDAMUS OR ANY
OTHER WRIT, ORDER OR DIRECTION TO GOVERNMENT OF
INDIA AND GOVERNMENT OF UTTAR PRADESH FOR SHUTTING
DOWN OF UTTAR PRADESH STATE MEDICAL FACULTY
To,
THE HON’BLE CHIEF JUSTICE OF ALLAHABAD AND HIS
COMPANION JUDGES OF THE HON’BLE HIGH COURT OF
JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
The Humble Petition of the
Petitioner above-named
Most Respectfully Showeth:
01. That the Petitioner is [●], aged around [●] years, holding a Degree in
[●], [●] by occupation with ties to various educational institutes and
has a keen interest in the field of education. It would be apposite to
mention at this point that the Petition, if allowed, would benefit the
citizens of this country. Since these persons are too numerous and
have no direct personal interest in the matter, they are unlikely to
approach this Hon’ble Court on this issue. Hence, the Petitioner herein
is preferring the instant Public Interest Litigation.
02. That the cause being espoused by the petitioner falls under Rule
3(3)(c) of the Allahabad High Court Rules as the instant petition deals
with matter pertaining to wrongful action of Government/ Public
Authorities, wherein the Government/ Public Authority has
transgressed a law, and failed to perform a duty vested in it. The
respondent no. 3 is a statutory institution that was created by the
Indian Medical Degrees Act of 1916, and it owes towards its students,
and the public at large, a duty to act in accordance with law; and the
act of the respondent no. 3 issuing degrees, when in fact it is not at all
authorized to, is a clear contravention of the law.
03. That the Petitioner declares at the outset that he is not aware about any
earlier petition(s) having being filed in this Hon’ble High Court on the
same cause of action, and this is the first time the Petitioner is filing
this petition in public interest on the instant cause of action.
04. That the Petitioner has not received any notice of caveat in this matter,
lodged by the respondents, jointly or severally, and sent by them
directly or on their behalf through their counsel(s).
05. That the Petitioner is filing the instant writ petition in public interest,
and as such has no personal interest in the litigation and the petition is
not guided by self-gain or for gain of any other person/ institution/
body and that there is no motive other than that of public interest in
filing the instant writ.
Further, it is submitted that the Petitioner has based the instant writ on
official documents, gazettes, etc. which are a part of official record
and which are in public domain.
06. That by means of the instant writ petition in public interest, the
petitioner is, inter alia, seeking:
Issuance of writ, order, or directions in the nature of Mandamus,
directing the Government of India and Government of Uttar Pradesh
for shutting down of Uttar Pradesh State Medical Faculty.
The Case in Brief
07. That the Petitioner is filing the instant writ petition in public interest
against the inaction of the respondent no. 1 along with the respondent
no. 2 to the flagrant flouting of the Repealing and Amending Act,
2016 by the respondent no. 3.
08. That on March 16th, 1916 the Indian Medical Degrees Act, 1916
(hereinafter referred to as ‘The 1916 Act’) came into force with the
objective of regulating the grant of titles implying qualification in
Western Medical Science and the assumption and use by unqualified
persons of such title. The preamble to the 1916 Act also states the
same. The Schedule under Section 3 of the Act mentions all the
authorities recognized by the Act and those subsequently added. The
Government of India vide Notification No. 1964, dated 16.12.1926,
authorised, the United Province State Medical Faculty to confer, grant
or issue, degrees, diplomas, licences, certificates or other documents
stating or implying that holder, grantee or recipient thereof is qualified
to practice Western Medical Science, w.e.f. 15.11.1926. Thus, it is
apparent that United Provinces State Medical Faculty, which is
presently known as Uttar Pradesh State Medical Faculty, and is the
respondent no. 3 in the instant petition, came into existence by virtue
of the aforesaid notification dated 16.12.1926 issued by the
Government of India under section 3 of the Indian Medical Degrees
Act, 1916.
A copy of The Indian Medical Degrees Act, 1916 (along with
Schedule under Section 3 of the Act) is being annexed herewith as
Annexure A-1.
09. That on 09.05.2016, the Repealing and Amending Act, 2016 was
published by the Ministry of Law and Justice in the Gazette
(Extraordinary) of India, (hereinafter referred to as ‘The Repealing
Act’) and the said Repealing Act came into force on the same day
with the objective to repeal certain enactments and to amend certain
other enactments. The said Act received the assent of the President on
06.05.2016 and was notified vide the Gazette Notification dated
09.05.2016. The first schedule to the Repealing Act, under Section 2,
enumerates the enactments which are, and the extent to which said
enactments are, being repealed by the Repealing Act. So far as the
1916 Act is concerned, the same has been included in the 1st schedule
of the 2016 Act, in the following manner:
Year No. Short Title Extent of Repeal
1916 7 Indian Medical Degrees Act, The Whole
1916
True copy of Gazette Notification of the Repealing and Amending
Act, 2016 along with the first schedule is being annexed herewith as
Annexure A-2.
10. That upon the Repealing Act coming into force, the 1916 Act became
defunct and hence, the powers and authorizations conferred by the
latter on the respondent no. 3 also ceased to exist, thereby revoking all
privileges of the respondent no. 3 to confer, grant, or issue degrees,
diplomas, licenses, certificates, or any other such documents stating,
or otherwise implying, that the holder, grantee, or recipient thereof is
qualified to practice medicine.
11. That in light of the aforementioned facts, it is apparent from the
provisions contained in the Repealing Act that the 1916 Act stands
repealed and consequently, the respondent no. 3, which was
established vide notification dated 16.12.1926 under section 3 of the
1916 Act, also ceased to exist as it does not enjoy any sanction of law
and legislative backing for its existence and functioning, independent
of the notification dated 16.12.1926. Accordingly, post repealing of
the 1916 Act, the respondent no. 3 cannot enforce its authority and
exercise any power and function vis-à-vis conferment, grant or
issuance of diplomas, licences, certificates or other documents in the
field of paramedical education. Further, respondent no. 3 also does not
enjoy any sanction of law or power to mandatorily require an
educational institution, and in particular a university established by
law, to seek permission/ approval of respondent no. 3 to run a
paramedical programme, to fix the intake and to admit students in
such programmes.
12. The Petitioner had, in light of the above stated facts, filed an
application dated 01.07.2020 under the Right to Information Act, 2005
(RTI) to the Public Information Officer, Uttar Pradesh State Medical
Faculty, through which the Petitioner sought information about the
statute under which the respondent no. 3 was established and
empowered to grant recognition to institutions for paramedical and
nursing courses. The relevant extract of the RTI application dated
01.07.2020 is reproduced hereinbelow for ready reference:
“3. Information Sought:
i. Let me know the name of Act passed by State Legislative
Assembly or Parliament, whereby “Uttar Pradesh State
Medical Faculty” was established. Also provide copy of
Gazette notification issued by Govt. of Uttar Pradesh or
Central Govt. in this regard.
ii. Pl provide a copy of Gazette notification, whereby you
have empowered to give approval/ recognition for
paramedical courses and nursing courses to universities.
Also specify under which Act you are getting the said
power for granting recognition to universities to impact
education of said courses
iii. Let me know whether universities established by the
State Act or Central Act, need your approval to impart
education/ training of paramedical courses & nursing
courses. If YES, provide a copy of Act/Notification, which
empowered you to grant such approval.”
A copy of RTI application dated 01.07.2020 is being annexed
herewith as Annexure A-3.
13. That in response to the RTI application dated 01.07.2020, the Public
Information Officer of Uttar Pradesh State Medical Faculty sent a
reply, dated 05.08.2020, whereby the petitioner was informed that the
respondent no. 3 is authorized by the 1916 Act. An annexure
containing an elaborate description of the respondent no. 3 was also
attached.
A copy of the reply of RTI application along with annexure dated
05.08.2020 is being annexed herewith as Annexure A-4 (Colly).
14. That the petitioner most humbly submits that since the principal act
from which the respondent no. 3 derived its power, has been repealed
in its entirety, respondent no.3 therefore has no authorization or power
to confer certification and recognition to the centres, as well as
conferring degrees, diplomas, etc. on students attending such centres.
15. That the respondent no. 3 is continuing to confer degrees, diplomas,
licenses, certificates, etc. notwithstanding the repeal of The Indian
Medical Degrees Act, 1916 from which the respondent no. 3 drew its
authority and power from. Since there is no apparent legislation
through which the respondent no. 3 can be said to be deriving its
power and authority from, the Petitioner herein is preferring the Writ
Petition in public interest on the following grounds, amongst others.
GROUNDS
A. That the respondent no. 3 derives its authority and power from
the Indian Medical Degrees Act, 1916 which has been repealed
in its entirety by the Repealing and Amending Act, 2016.
B. That the grant of degrees, diplomas, licenses, certificates, etc. by
the respondent no. 3 is in clear contravention of Section 2 of the
Repealing and Amending Act, 2016, and thus the recognition of
the said degrees, diplomas, etc. stands liable to be cancelled.
C. That the repercussions would be catastrophic if the respondent
no. 3 is allowed to continue functioning and grant degrees,
diplomas, licenses, certificates, etc. as the respondent no. 3 is not
authorized to issue the same since May 9th, 2016, since the
legislature granting authority to it for the same – The Indian
Medical Degrees Act, 1916 – was repealed by the Repealing and
Amending Act, 2016.
D. That even though said Indian Medical Degrees Act, 1916 has
been repealed by the Repealing and Amending Act, 2016, the
respondent no. 3 has been granting degrees, diplomas, licenses,
certificates, etc. to students enrolled in those courses offered by
the respondent no. 3, without any regard for the future of such
students.
E. That the respondent no. 3 also grants recognition to several
institutes for nursing and paramedical courses. Upon perusal of
their website, https://upsmfac.org, it is established that the
respondent no. 3 does, in fact, grant recognition to several
training centres for nursing and paramedical training, and such
recognized training centres are listed on the said website of the
respondent no. 3. Such conduct of the respondent no. 3,
especially at a time when its own legitimacy is ambiguous, is not
only damaging to public interest, but also creates unnecessary
confusion among public and is liable to be abolished.
F. That the respondent no. 3 is hoodwinking and bamboozling those
innocent students who put their faith, along with their hard
earned money as fees, in it. Such granting of degrees, diplomas,
licenses, certificates, etc. by the respondent no. 3 to unsuspecting
and innocent students – especially when its own establishment is
under question – is ultra vires and against the public interest at
large and cannot be allowed to prevail.
PRAYER
In light of the aforesaid facts and circumstances, it is prayed that this
Hon’ble Court in public interest may be pleased to:
a. Issue a writ of Mandamus or any other appropriate writ, order, or
directions to the Government of India along with the Government
of Uttar Pradesh, for the shutting down of [●].
b. Issue directions to the Government of India and the Government
of Uttar Pradesh for taking disciplinary steps against the [●] for
carrying on its activities after 09.05.2016, i.e., after the date on
which the Repealing and Amending Act, 2016 came into force,
repealing the Indian Medical Degrees Act, 1916 in its entirety.
c. Issue any other orders/ directions as deemed fit by this court
under the facts and circumstances of the present petition.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN
DUTY BOUND SHALL EVER PRAY.
Petitioner
Through
Place: New Delhi Counsel,
Date:
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH
(EXTRAORDINARY WRIT JURISDICTION)
WRIT PETITION NO. _____________ OF 2021
IN THE MATTER OF:
[●] … PETITIONER
VERSUS
[●] … RESPONDENTS
AFFIDAVIT
I, [●], S/o [●] by religion [●], education [●], occupation [●], aged about [●]
years, R/o [●] do hereby solemnly affirm and state on oath as under:
01. That I am the Petitioner in the above mentioned writ petition and
am fully conversant with the facts deposed to in the writ petition.
02. That the accompanying Petition has been drafted by my counsel
under my instructions.
03. That the contents of the said accompanying Petition are true and
correct on the basis of the records maintained by the Petitioner.
Legal submissions are true and correct on the basis of information
received and are believed to be true.
Deponent
Verification
Verified at _______ on the ______day of _______, 2021 that the contents
of the affidavit are true to my knowledge based on official records. No
material fact has been omitted or concealed therefrom.
Deponent
