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