Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational institutions: Medical Colleges - . Admission of students in the MBBS course - Issuance of direction debarring the petitioner college from admitting students in the MBBS |
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: Medical Colleges - . Admission of students in the MBBS course - Issuance of direction debarring the petitioner college from admitting students in the MBBS course for the academic years 2017-18 and 2018-19 and authorising the Medical Council of India to encash the bank guarantee of Rs. 2 · crores submitted by the petitioners - Challenge to - Remand of the matter to the Central Government for fresh consideration - Hearing Committee reiterated the earlier decision of Central Government since the petitioner college did not allow inspection and deficiencies relating to Faculty and Resident Doctors were found to be in excess of 30% - Held: Regulations do provide for certain norms of infrastructure to be complied with by the applicant college/institution for being qualified for the Letter of Permission(LOP) for establishment of a college - However, reasonable opportunity of hearing is to be given to the college/institution vis-a-vis the scheme, before disapproval - No endeavour by the respondents to fairly examine the materials on record in details before recording a final decision on the issue of confirmation of LOP - Materials on record do not support the allegation of deficiency - Thus, in view of the persistent defaults and shortcomings in the decision making process of the respondents, petitioner college/institution ought not to be penalised - Conditional LOP granted to the petitioner college/ institution on 12.09.2016 confirmed - However, as the Act and ·. Regulations framed thereunder have been envisioned to attain the highest standards of medical education, the Central Government/ MCI to undertake fresh inspection of the petitioner college/institution to be made in accordance therewith for the academic year 2018-19 and submit report - Central Government/MCI not to encash the bank guarantee - Respondents not to permit the petitioner college/institution to admit students for the academic year 2017-18. Maxims - Audi alteram partem - Rule of 'fair hearing' - Held:Requires that the affected party to be given opportunity to meet the case against him effectively - Right to fair hearing takes within its fold a just decision supplemented by reasons and rationale -Reasonable opportunity of hearing or right to 'fair hearing' casts an obligation on the adjudicator to ensure fairness in procedure and action. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 845 |
Petitioner | Krishna Mohan Medical College And Hospital & Anr. |
Respondent | Union Of India And Another |
SCR | [2017] 8 S.C.R. 877 |
Judgement Date | 2017-09-01 |
Case Number | 448 |
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