Allahabad HC dismisses plea seeking shutting down of UP state Medical Faculty

Allahabad HC has dismissed a plea seeking to shut down Uttar Pradesh State Medical Faculty alleging that the act which created it is repealed later.

Recently, Allahabad High Court has dismissed a plea seeking direction to the state government and central government to shut down Uttar Pradesh State Medical Faculty. The plea said that the Indian Medical Degrees 1916 Act that created the medical faculty has been repealed in the year 2016 by the Repealing and Amending Act, 2016. The plea stated that after the repealing of the Act the UP state Medical Faculty must be shut down.

It further stated that despite the Repealing Act coming into force, the medical faculty is continuing to provide degrees, licences, diplomas and certificates, which is illegal. The plea urged the court to issue disciplinary actions against the medical faculty for carrying out these activities after May 9, 2016.

The plea was moved by a publisher having ties with several educational institutions. The Bench of Justice Dinesh Kumar Singh and Justice Ritu Raj Awasthi was hearing the plea. 

The respondent's counsel argued that the faculty was not created under the 1916 Act but only recognized as one of the institutions under the 1916 Act to grant, confer or issue diplomas, degrees, licenses, certificates and other documents. Hence, with repealing of the 1916 act, the faculty should not be shut down as it was not created under the Act, 1916.
The court noted that the UP Medical Faculty was not created under Act 1916, rather, it was constituted vide notification dated 15th November 1926.

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