Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Medical Council Act 1956 - ss.10-A 19-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Indian Medical Council Act, 1956 - ss.10-A, 19-A -Application by petitioner for establishment of a new medical college,to the Ministry of Health and Family Welfare, fi·om academic session2016-17 onwardY - Conditional approval-cum-Letter of Permission(LOP) granted by Central govt. - However, in view of certaindeficiencies noticed during assessment conducted by MedicalCouncil of India (MCI), Ministry vide letter dtd. 31.05.17, debarredthe petitioner-college from admitting students for two years i.e. 2017-18 & 2018-19, and also authorised MCI to encash the bankguarantee - Writ petition by petitioner before High Courtchallenging this order - Pursuant to decision of High Courtdisposing of the writ petition, Hearing Committee considered thefresh representation given by petitioner and submitted its report tothe Ministry - Relying on the said recommendation of HearingCommittee, Ministry vi de order dtd. 19. 08.17 reiterated its earlierdecision dtd. 31. 05.17 - Petitioner seeking quashing of the saidorder - Held: In the instant case, the deficiency of faculty andresidents taken note of by the Hearing Committee and CentralGovernment in the impugned decision, was significant and cannotbe treated as trivial or unrelated to maintenance of high standardsof imparting medical education - In view of the fact that petitionerfailed to fulfil the conditions specified in the conditional LOP, thequestion of confirming the LOP for the academic session 2016-17without removal of deficiencies in all respects does not arise -However, absence of faculty members and r{?s,idents .on the day ofinspection could not be the basis for determining the efficiency andperformance of the college for the rest of the academic session, asit is not the opinion of the Hearing Committee or of the CompetentAuthority that requisite number of facul~v members and residentswere not employed in the petitioner-college or that the claim of the petitioner-college in that behalf was .bogus - This aspect requiresproper verification and consideration - MCI to send its InspectionTeam within a period of three months to submit an assessment reportregarding the overall performance and efficiency of the petitioner-college ·- Ministry to take a final decision within one month of thereceipt of recommendation from MCI - Students already admitted inpetitioner-college on the bc1sis o,/conditional LOP for the academic·session 2016~17. to continue their studies - Respondents to treatthe renewal. application submitted by petitioner-college for theacademic session 2017-18 as one for the academic session 2018- |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 890 |
Petitioner | Varunarjun Trust & Anr. |
Respondent | Union Of India & Ors. |
SCR | [2017] 12 S.C.R. 753 |
Judgement Date | 2017-09-12 |
Case Number | 787 |
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