State Of Karnataka And Others (Jt ... v. State Of Karnataka And Others (Jt

The first petitioner is the Kerala Government Medical College Teachers Association and the second petitioner is the Additional Professor in the Medical College, Thiruvananthapuram. Their complaint is that the land within the compound of the Medical College, Thiruvananthapuram is being assigned away without providing quarters to the existing teaching staff. Ext.P4 order by which the Government assigned 84.384 cents of land falling within the compound of the Medical College, Thiruvananthapuram is impugned in this writ petition.

2.Ext.P1 is the regulation of the Medical Council of India prescribing minimum standards for the running of a Medical College. Clause B 10.2 of the regulations inter alia states as follows, ' there shall be sufficient number of quarters for covering at least 50% of the teaching staff and class IV strength' One of the teachers had put in Ext.P2 query under the Right to Information Act about the number of the teaching staff in the Medical College, Thiruvananthapuram and the number of residential quarters alloted to them. Ext.P3 is the reply to the query wherein it is stated that the total number of teaching staff is 552 and that only 12 numbers of quarters are available. The grievance of the petitioner is that the Government should first provide quarters to the teaching staffs as per Ext.P1 regulations before attempting to fritter away the property.

3. The assignee under Ext.P4 is the fourth respondent who is running a Para Medical Institution which is a super specialty centre of national importance. It is now brought to my notice that the fourth respondent had already paid a sum of Rs.1,52,94,096/- towards sale consideration and mutation is also effected. The counsel for the fourth respondent submitted that the land so taken assignment of is proposed to be used for pursuing Bio-Medical Research. It is also brought to my notice that only one out of the three quarters situated in the land so assigned has been vacated. The other two staff quarters are occupied by a doctor and students who have already completed the course in the Medical College, Thiruvananthapuram. It may not be just and feasible to annul the assignment at this distance of time especially when alternate land is available in the compound for the construction of staff quarters.

4. Ext. P7 is the representation put in by the first petitioner Association to the Principal of Medical College, Thiruvananthapuram praying that sufficient quarters may be constructed . It is not necessary that separate villas need be constructed to provide accommodation to the teaching staff and class 1V employees. The Principal of the medical college Thiruvananthapuram shall taken up Ext.P7 representation and explore the possibility of constructing flats/apartments to provide decent accommodation to the teaching staff and Class 1V employees. This will be in tune with Ext.P1 regulations of the Medical Council of India which have a statutory force in view of the judgment in the Medical Council of India vs. State of Karnataka and Others (JT 1998 (5) Supreme Court 40). It will only be fair if further assignment of land available in the Medical college, Thiruvananthapuram is put on hold till sufficient accommodation is provided to the teaching staff as per the regulations of the Medical Council of India. The counsel for the petitioners pointed out that the sale consideration of Rs.1,52,94,096/- received by the Government can profitably be made use of for the purpose of constructing this flats/apartments.

5. Ext.P7 representation shall be disposed of by the 5th respondent Principal of the Medical College Thiruvananthapuram within a period of one month from the date of receipt of a copy of this judgment after notice to the petitioner and affected parties.

The writ petition is disposed of as above.

V.CHITAMBARESH JUDGE smm