Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions: Medical Council Act 1956: s. JO-A - Permission for establishment of new medical college |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Medical Council Act, 1956: s. JO-A - Permission forestablishment of new medical college - Writ petition by a Trustrunning a medical college, seeking quashing of the order passedby the Government where under the petitioners debarred fromadmitting 150 students in the MBBS course in the academic years2017-18 and 2018-19 and to restrain Medical Council of India(MCJ) to encash the bank guarantee of Rs. 2 crores furnished bythe petitioner; as also quash the subsequent order passed by theGovernment reiterating the earlier order - Surprise inspection hadbeen carried out by MCI, certain deficiencies were pointed out andpetitioner were denied Letter of Permission (LOP), on basis of thereport of the oversight Committee, opinion of the HearingCommittee - Held: Order passed by the Central Government has tobe appreciated in its entirety - On perusal of the entire order, it isfound that substantial reasons have been ascribed - Thus, in viewof the facts and circumstances of the case, petitioners not entitledto LOP for the academic session 2017-2018 - No petition would beentertained from any institution/ medical college/society/trust or anyparty for grant of LOP for the academic session 2017-2018 -Students continuing their studies on the basis of LOP granted forthe academic year 2016-2017 be allowed to continue till completionof the course - Petitioners to keep the bank guarantee depositedwith the MCI alive and the MCI would not encash the same -Establishment of Medical College Regulations, 1999 - Clause8(3)(l)(d).Constitution of India: Arts 32, 226 - Power of judicialreview - Exercise of - Held: Exercise of power of judicial reviewand the extent to which ii has to be done will vary from case to case - It has its own complexi~y and would depend upon the factual projection - Judicial review, cannot be equated with the power ofappeal, for while exercising the power under Article 226 or 32. theconstitutional courts do not exercise such power - Process ofadjudication on merit by re-appreciation of the inaterials broughton record which is the duty of the appellate court is not permissible - Duty of the Court in exercise of the power of judicialreview to zealously guard the human rights, fundamental rights andthe citizens' right of life and liberty as also many non-statutory· powers of governmental bodies . |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 889 |
Petitioner | Royal Medical Trust And Another |
Respondent | Union Of India And Another |
SCR | [2017] 10 S.C.R. 390 |
Judgement Date | 2017-09-12 |
Case Number | 747 |
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