Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions - Medical college - MBBS |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Education/Educational Institutions - Medical college - MBBS course - Inspections of Petitioner-College carried out by MedicalCouncil of India (MCI) wherein gross deficiencies were noticed -Respondent no.I vide order dated 31" May 17 debarred thePetitioner from admitting students for 2017-18 and 2018-19 - Wi-itpetition flied by Petitioner before Supreme Court, challenging thesaid order and seeking mandamus for grant of recognition, as also a permission to participate in counselling for admission in theensuing academic year 2017-18-Respondent 110.J directed to afforda hearing lo the Petitioner-College and pass a reasoned order -Order dtd. 31" Aug. 2017 passed by Respondent no.I maintainingorder dtd. 31" May 17 - Held: On facts, consistent opportunitieswere granted to the Petitioner-College lo rectify the deficienciesfound in its infrastructure, resources and facilities - In view of suchdeficiencies, the Petitioner cannot be allowed to admit students forthe ensuing academic year 2017-18 -At this stage, decisions dtd.31" May 2017 and 31 Aug. 2017 passed by Respondent no.I arenot interfered with - However, on facts, Petitioner given an opportunity to remove the deficiencies on which MCI shall determineafresh as to whether it should be granted recognition in time for thecommencement of academic year 2018-19 - Since, such an exercisecannot be carried ozit in time for academic year 2017-18 as the lastdate for admissions has elapsed and the academic session hascommenced, hence the petitioner cannot be permitted to participatein the counselings process for the ensuing academic year 2017-18 -Further directions issued - Indian Medical Council Act, 1956 - ss.10A, II - Establishment of Medical Colleges Regulations, 1999 -Regn. 8(3)(l)(d).Education/Educational Institutions - Medical college - MBBScourse - Inspection of Petitioner-College carried out by MedicalCouncil of India (MCI) twice within a span of one month - Petitionerraised grievance as to the conduct of second inspection by MCI -Held: MCI is conferred with statutory powers to protect the causeof medical education -purpose of inspection by an expert team ofassessors is to verify whether a medical college has the requisiteinfrastructure and facilities or not to provide quality medicaleducation consistent with the statutory regulations - As an expertstatutory body MCI may have legitimate reasons for seeking are verification of the observations contained in a prior inspection -c Powers of MCI cannot be constricted by prohibiting it from carryingout another inspection, even if it were to come close on the heels ofan earlier inspection - Plea of Petitioner that MCI is prohibitedfrom conducting a second inspection, rejected.D Indian Medical Council Act, 1956 - Medical Council ofIndia - Powers of- Discussed. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2017 INSC 887 |
Petitioner | Madha Medical College And Research Instt. Thr. Its Managing Director |
Respondent | Union Of India And Anr. |
SCR | [2017] 11 S.C.R. 733 |
Judgement Date | 2017-09-12 |
Case Number | 674 |
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