Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions: Schemes for grant of letter of permission to establish new medical college for academic year 2016-17 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Education/Educational Institutions:Schemes for grant of letter of permission to establish new medical college for academic year 2016-17 - Submitted before Medical Council of India (MCI) - Schemes disapproved by MCI -Central Government also disapproved the schemes - Thereafter, in Modern Dental College case, Supreme Court constituted Oversight Committee to oversee the functioning of MCI - On complaint by many Colleges/Institutions, the Committee permitted them to submit their compliance inputs afresh to the Ministry and further directed the MCI to conduct compliance verification inspection of those Colleges/ Institutions and to submit their report to Central Government - Thereafter, the Committee granted conditional approval, subject to certain conditions - Central Government issued letter of permission subject to the conditions laid down by the Committee - Colleges/Institutions, acting on the conditional permission, admitted students for the academic year 2016-17 - MCI caused another inspection and recorded a number of persisting deficiencies and recommended to debar the Colleges/Institutions For admitting students for the academic years 2017-18 and 2018-19 and to encash the bank guarantee furnished by them - Hearing Was provided to the Colleges/institutions by a Hearing Committee -The comments of Hearing Committee and the comments of Director General of Health Services were forwarded to, the Central Government - Central Government forwarded the same to the Oversight Committee - The Oversight Committee- recommended confirmation of the conditional letter of permission earlier granted- Thereafter, by letter dated 31.5.2017, decision of Central Government to debar the colleges ji-om admitting students in the academic years 2017-18 and 2018-19 and to authorise MCI toen cash bank guarantees was communicated - Order dated 31.5.2017 challenged - He/d:The impugned letter dated 31.5.2017is de hors any reason in support thereof - A reasonable opportunity of hearing, contained in the proviso to s.JOA (4) of Medical Council Act is an indispensable pre-condition for disapproval by the Central Government - Jn the facts of the case, impugned order is in dis accord with the letter and spirit of the prescription of reasonable opportunity of hearing as enjoined u/s. JOA(4) - More so, the recommendations of Oversight Committee cannot be disregarded or left out of consideration - Direction to Central Government to reconsider the materials pertaining to the issue of confirmation or otherwise of the letter of permission granted to the petitioner colleges/institutions- Medical Council Act, 1956 - s. 1OA (4). |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 692 |
Petitioner | Glocal Medical College And Super Speciality Hospital & Research Centre |
Respondent | Union Of India And Another |
SCR | [2017] 8 S.C.R. 365 |
Judgement Date | 2017-08-01 |
Case Number | 411 |
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