Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions - Admission in MBBS |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Education/Educational Institutions - Admission in MBBS - Respondent No. J had allowed petitioner's college c course admission for the year 2016-2017 and had mentioned in the Letter of Permission (LOP) that next batch of students for the academic year 2017-18 would be admitted in college only after obtaining permission of respondent no. I - Subsequent thereto, the MCI caused inspection of the petitioner'.v college in two successive sessions - MCI recorded deficiencies and gave negative recommendation for a period of two academic years i.e. 2017-2018 and 2018-2019 - Howeler, Oversight Committee recommended confirmation of the conditional LOP granted to the petitioner's college - Respondent No.I concurred with the recommendations of the MCI and debarred the petitioner's college from making admission for the academic year 2017-18 and 2018-19 - Writ Petition - Respondent No.I directed to consider materials on record afresh - However, Respondent No. l reiterated its decision to debar the petitioner'.v college - On appeal, held: The first inspection by MCI of petitioner's college did not divulge any substantial deficiency justifying disapproval of the LOP to it - The reason for second surprise inspection within three weeks of the first exercise and that too in absence of any noticeable substantial deficiency, was convincingly not forthcoming - Further, Oversight Committee too observed that the petitioner's college was assessed twice in quick succession for the same purpose and not authorised by it in its guidelines ...:. The Hearing Committee/Central Government did not undertake a dispassionate, objective, cautious and rational analysis of the materials on record and returned wholly casual findings against the petitioner's college - The respondents failed to persuasively establish the deficiencies - Jn view of the persistent defaults and shortcomings in the decision making process of the respondents, the petitioner's college not to be penalised - The conditional LOPgranted to the petitioner's college for the academic year 2016-17confirmed - Further, petitioner college also entitled to LOP for theacademic year 2017-2018 - Therefore, the date of counselling forthe admissions to the course involved for the academic year 2017- 18 qua petitioner's college extended - Medical Council Act, 1956~ Establishment of Medical College Regulations, 1999 - regn.8(3)(l)(d).Maxim - Audi Alteram partem - ingredients of - Right to fairhearing - Held: Reasonable opportunity of hearing which issynonymous to 'fair hearing', it is no longer res integra is an important ingredient of audi alteram partem rule and embraces almost everyfacet of fair procedure - The rule of 'fair hearing' requires that theaffected party should be given an opportunity to meet the case ·against him effectively and right to fair hearing takes within itsfold a just decision supplemented by reason and rationale - in instant case, the approach of respondents is markedly incompatiblewith the essence and import of the proviso to s.10A(4) mandatingagainst disapproval by the Central Government of any scheme forestablishment of a college except after giving the person or thecollege concerned a reasonable opportunity of being heard -Medical Council Act, 1956 - s.JOA(4). · |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 824 |
Petitioner | Kanachur Islamic Education Trust (r) |
Respondent | Union Of India And Another |
SCR | [2017] 11 S.C.R. 1042 |
Judgement Date | 2017-08-30 |
Case Number | 468 |
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