Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956 - s. JOA - Permission for establishment of new medical' college - Application by petitioners . seeking permission for establishment of new medical college from the academic session 2016-2017 onwards - Evaluation of application by Medical Coundl of India (MCI) Education/Educational Institutions: Medical Council Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Medical Council Act, 1956 - s. JOA - Permission for establishment of new medical' college - Application by petitioners . seeking permission for establishment of new medical college from the academic session 2016-2017 onwards - Evaluation of application by Medical Council of India (MCI) - Discrepancies as regards title and ownership of the land on which new college was proposed to be made along With other issues - Recommendations of MCI against grant of letter of permission to the college - Disapproval by the Central Government - Intervention by the Oversight Committee by this Court - Suggestion for grant of permission - On basis thereof, issuance of letter of permission by the Central Government :_ Pursuant thereto, on inspection by MCI, deficiencies found - Recommendation for revocation of permission letter - Writ petition there against by the petitioners - Subsequent thereto, opportunity of hearing given to the petitioners by the hearing Committee - Report by the Hearing Committee, whereby, Central Government by communication dated 14.08.2017 debarred the college from admitting students for a period of two years - Interlocutory applications seeking quashing of the said order - Held: Deficiencies of faculty, residents, OPD and Bed Occupancy cannot be held against the petitioners, the deficiencies, if any, were within the permissible norms - Hearing Committee recorded a prima facie opinion that the college owns 20 acres of land whereas the Competent authority palpably failed to analyse the same - As regards, the }furnishing of information regarding land ownership in Form-5, there has been substantial compliance of the said requirement by the petitioners - Thus, the decision of the competent authority suffers from the vice of non-application of mind. if not perverse - Considering the fact that the admission process for the academic session 2017-18 is stiff in progress, issuance of directions to the respondents to permit petitioner-college to admit up to 150 students until 05.09.2017 to the MBBS course for the academic session 2017-18, as was permitted for the academic session 2016- 17 - Decision of the Central Government quashed and set aside |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 825 |
Petitioner | Dr. Jagat Narain Subharti Charitable Trust And Anr. |
Respondent | Union Of India And Ors. |
SCR | [2017] 8 S.C.R. 291 |
Judgement Date | 2017-08-30 |
Case Number | 513 |
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