Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Medical Council Act 1956: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Indian Medical Council Act, 1956:s. 11 (2) - Approval and recognition under - Denied -Propriety of - Application by petitioner-College for grant ofapproval and recognition u!s. 11 (2) - Assessors inspected theinstitution on 3.2.2017 for evaluation of standard of examinationand recommended grant of approval- On 17.3.2017 and 18.3.2017Assessors did surprise inspection of the College - Medical Councilof India (MCI). after perusal of assessment report recommendedCentral Government lo debar the petitioner-College ji-om admittingstudents for academic sessions 2017-18 and 2018-19 - Thereafter.on 13.4.2017 an opportunity of hearing was granted to the Collegewherein it asserted that all the deficiencies had been removed by12.4.2017- On 24.4.2017 officers of MCI conducted ComplianceVerification Assessment of the College and noticed majordeficiencies - MCI in view of the report dated 24.4.2017 alongwiththe reports dated 17.3.2017 and 18.3.2017. decided not torecognise/approve the College - Central Government decided notto permit admission in MBBS Course for the academic session 2017-18 - Writ petition by College challenging the orders of MCI andCentral Government alleging inter alia that the inspection on24.4.2017 was mala fide and was not legally acceptable - Held: Asurprise inspection is conceived of within the scheme of the Act - ,An institution that imparts medical education has to remain evercompliant - Mere a/legation of mala fide does not vitiate an enquiryor proceedings - Whether there is mala fide or not, depends on thefacts and circumstances of each case - In the present case there isno reason to attribute any kind of malice or mala fide to the Assessorswho are the experts in the field and further no material has been brought on record to substantiate the a/legation of mala fide - Atthe time of consideration of recognition, the compliance is viewedand scrutinised with great rigour and strictness - What may betreated as minor deficiency at the initial stage, may not remain sowhen the institution proceeds from year to year - Since the surpriseinspection is permissible in law and the same is not tainted withmala fide, order passed by the Central Government cannot beflawed - However; the students who have been admitted in therespective courses shall be permitted to continue -ยท MCI is directedto see to it that the students who pass out from the institution. areconferred degree - Education/Educational Institutions. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 969 |
Petitioner | Indian Centre For Advancement Of Research And Education Haldia (!care) & Anr. |
Respondent | Union Of India & Anr. |
SCR | [2017] 11 S.C.R. 755 |
Judgement Date | 2017-09-21 |
Case Number | 633 |
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