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TMI Blog1986 (4) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... . The first of the objectives mentioned in the memorandum of association of the society was, to establish, manage and maintain educational and other institutions and impart education and training at all stages, primary, secondary, collegiate, Post-graduate and doctoral, as a Christian Minorities' Educational Institutions. Another object was to promote, establish, manage and maintain Medical colleges, Engineering colleges, Pharmacy colleges, Commerce, Literature, Arts and Sciences and Management colleges and colleges in other subjects and to promote allied activities for diffusion of useful knowledge and training Other objects were also mentioned in the Memorandum of Association. All that is necessary to mention here is that none of the objects, apart from the first extracted object, had anything to do with any minority. Even the first mentioned object did not specify or elucidate what was meant by the statement that education and training at all stages was proposed to be imparted in the institutions of that society As Christian Minorities Educational Institutions'. Apparently the words as a Christian minorities' educational institutions were added in order to en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceeded to state, they were starting professional courses in rural areas at Vikarabad in Rangareddy District. It was stated to start with, as per your advice, we are proposing to start the following faculties at Vikarabad where we have our Christian Hospital, High School, Church and other vacant buildings and plenty of vacant land suitable for further expansion belonging to our christian churches. The Government of India was further requested to address the University of Hyderabad to grant affiliation to their colleges and to recommend to the All-India Institution of Medical Sciences to affiliate their medical college. The Government was also requested to sanction 'the Central grant' for these colleges. Earlier in the letter it was also mentioned that the Prime Minister was kind enough to agree to grant permission for establishing the Central Christian University of India in Andhra Pradesh for the benefit of two crores of Christians living in India. Most of the statements in the letter are either misleading or false. That the Prime Minister had agreed to the establishment of a Central Christian University is admitted before us to be false. Similarly the reference to ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... least (700) beds. 2. There should be a regular out-patient deptt. Casualty Dematology well equipped labs., Lecture Halls, Demonstration Rooms for students. 3. There should be a full fledged theatres in the College, three with seating capacity for 150 to 200 students each and one with seating capacity for 350 to 400 students, Lecture Theatres and Demonstration rooms should be provided with necessary Audio-Visual aids. In addition to the Lecture Theatres, there should be an auditorium where 800 to 1000 persons could be seated. 4. Accommodation has to be provided for the following Departments 1. Anatomy 2. Physiology 3. Bio-Chemistry 4. Pharmacology 5. Pathology 6. Micro Biology 7. Forensic Medicine 8. Social and Preventive Medicine 9. General Medicine 10. Surgery 11. Obstetrics and Gynaeology 12. Blood Bank. Accommodation has to be provided for the following Departments : 5. The cost of equipment for pre-parclinical is ₹ 1 crore and recurring expenditure on the pre- and Paraclinical staff is ₹ 24,00 lakhs p.a. 6. The Management should establish the Labs. for anatomy Physilogy and Bio-Chemistry immediately. 7. Amount to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;plans and estimates' of the proposed medical college at Muttangi, Medak District were enclosed. The University was further informed that 60 students had already been admitted to the first year of University MBBS course of 1984 session and that classes were functioning from February 25, 1985. The University was requested to send its screening Committee to inspect the college. The University was also requested to grant temporary affiliation. The letter contained the usual false statements. The statement that the Central Government had granted permission was of course false. The statement referring to 'plans and estimates' of the proposed college building at Muttangi, Medak District was again a misleading statement as it is now admitted that the society does not own any land in Muttangi. Though the University had called upon the society to fulfil several conditions before affiliation could be granted, it is clear from the letter that apart from appointing somebody as Principal of the College, nothing whatever had been done to comply with any of the other conditions. The society itself did not refer to any effort made by it to fulfil any of the other conditions. The adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad to publish a notification warning the public. On June 5, 1985, the society inserted an advertisement in the 'Decean Chronicle' styled as a 'reply notice', signed by an Advocate. The notice contained the oft-repeated false allegation that the Central Government had granted permission to the society to start professional colleges and that the Prime Minister herself had recommended the grant of permission. It was claimed that the Osmania University had no power to interfere with the affairs of the Christian Medical College and that the notification published by the Osmania University was unconstitutional and uncalled for. It was also stated that the management was seeking affiliation with other universitites and had made good progress. This of course is another false statement. There is nothing whatever to indicate that the institution had made any progress in obtaining affiliation from any other university. On July 24, 1985, the Government of Andhra Pradesh wrote to the society informing them that permission to start a private medical college could not be granted as it was the policy of the Government of India and the Medical Council of India not to permit openi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stitutions occurring in one of the objects of the society, as mentioned in the memorandum of association, there is nothing whatever to justify the claim of the society that the institutions proposed to be started by it were 'minority educational institutions'. Every letter written by the society whether to the Central Government, the State Government or the University contained false and misleading statements. As we had already mentioned the petitioner had the termerity to admit or pretend to admit students in the first year MBBS course without any permission being granted by the Government for the starting of the medical college and without any affiliation being granted by the University. The society did this despite the strong protest voiced by the University and the several warnings issued by the university. The society acted in defiance of the University and the Government, in disregard of the provisions of the Andhra Pradesh Education Act, the Osmania University Act and the Regulations of the Osmania University and with total indifference to the interest and welfare of the students. The society has played havoc with the careers of several score students and jeopardise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous minorities and the right to conserve their language, script and culture to linguistic minorities, but also to enable all minorities, religious or linguistic, to establish and administer educational institutions of their choice. These institutions must be educational institutions of the minorities in truth and reality and not mere masked phantoms. They may be institutions intended to give the children of the minorities the best general and professional education, to make them complete men and women of the country and to enable them to go out into the world fully prepared and equipped. They may be institutions where special provision is made to the advantage and for the advancement of the minority children. They may be institutions where the parents of the children of the minority community may expect that education in accordance with the basic tenets of their religion would be imparted by or under the guidance of teachers, learned and steeped in the faith. They may be institutions where the parents expect their children to grow in a pervasive atmosphere which is in pharmonyx with their religion or conducive to the pursuit to it. What is important and what is imperative is that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al waste apart from creating a problem of unemployment in a sphere where there should be none. It appears, if one may borrow the words of Sir Roger de Coverley, 'there is much to be said on both sides'. In view of our conclusion on the other issues we do not want to venture an opinion on this question. Shri K.K. Venugopal, learned counsel for the students who have been admitted into the MBBS course of this institution, pleaded that the interests of the students should not be sacrificed because of the conduct or folly of the management and that they should be permitted to appear at the University examination notwithstanding the circumstance that permission and affiliation had not been granted to the institution. He invited our attention to the circumstance that students of the Medical college established by the Daru-Salaam Educational Trust were permitted to appear at the examination notwithstanding the fact that affiliation had not by then been granted by the University. Shri Venugopal suggested that we might issue appropriate directions to the University to protect the interests of the students. We do not think that we can possibly acceed to the request made by Shri Ven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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