Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial Propriety/Judicial Discipline: Medical institution debarred from admitting students for academic years 2017-18 and 2018-19 by order dared 31.05.2017 - Writ petition by respondent-institution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Judicial Propriety/Judicial Discipline: Medical institution debarred from admitting students for academic years 2017-18 and 2018-19 by order dared 31.05.2017 - Writ petition by respondent-institution - High Court directed Central Government to reconsider the issue of letter of permission granted to the institution,m - Central Government by its order dated 19.08.2017 confirmed its order dated 31.05.2017 - Writ petition 11/Art. 32 by D the institution/ - Petition withdrawn with permission to approach High Court 11/Art. 226 - Supreme Court by its order dated 28.08.2017. 1~hi/e permitting to withdraw the petition, made it clear that the High Court, while entertaining the writ petition shall not pass any interim order pertaining to the academic year 201 7-18 - Writ petition .filed u!Art. 226 - High Court quashing the orders dated E 19.08.:!017 and 31.05.201 7, granted permission to the respondent- institution to admit students for academic session 2017-18 - On appeal, held: Despite the order of Supreme Court dated 28.08.2017, the High Court permitted the institution to admit students for academic year 2017-18 that too without giving any opportunity to Central F Government and Medical Council of India lo rep(v - The impugned judgement shows unnecessary and uncalled for hurry. unjustified haste and unreasonable sense of promptitude ~ Judicial propriety requires judicial discipline - A Judge is expected tu abandon his personal notion or impression gathered from subjective experience - The process of ac(adjudication lays emphasis on the wise scrutiny of G materials sans emotions - The High Court had no reason to abandon the concept of judicial propriety and transgress the nil es - If the institution has admitted students, they are debarred from continuing in the course - However, the institution is directed to compensate such students by paying Rs. 10,00,000- to each student apart from refunding their fees - The prayer in respect of academic session 2018-19, is also rejected - |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 1132 |
Petitioner | Medical Council Of India |
Respondent | Q.c.r.g. Memorial Trust & Ors. |
SCR | [2017] 11 S.C.R. 92 |
Judgement Date | 2017-11-23 |
Case Number | 19662 |
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