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 course for the academic years 2017-2018 and 2018-2019 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Education/Educational Institutions - Admission in MBBS c course for the academic years 2017-2018 and 2018-2019 - MCI had inspected the petitioner-university on 11'"& 12'" November 2016 and found certain deficiencies ~ However, the Oversight Committee recommended for grant of Letter of Permission (LOP) and the same was granted by the Central Government for the year 2016-17 - MCI conducted another inspection on 9'" December, 2016 i.e. almost D after a month and gave negative recommendation for the years 2017-2018 and 2018-2019 - Union of India debarred petitioner- University from admitting students in MBBS course for academic year 2017-2018 and 2018-2019 - Petitioner contended . that MCI . could not have conducted a surprise inspection on 9'" December 2016 as per regulations - Held: On a careful reading of clause 8(3)(l)(d), it is clear and unambiguous that the obligation of the MCI is to ensure that inspections are not carried out at least 2 days before and 2 days after an important religious and festival holidays declared by the Central/State Government - In instant case, the inspection team had gone for inspection on 9'" December and they ยท were deprived to carry out inspection - Whereas the festival was on 12'" December - Inspection was thus not covered by the concept of two days of moratorium - In such situation when the institution does not allow the team of the MCI or the assessors of the MCI, it will be adding premium to deviancy - Conferment of this kind of privilege absolutely unwarranted - Therefore, direction sought for renewal of LOP for the academic session 2017-2018 not accepted - However, students admitted for academic session 2016-2017 to continue their stUdies - MCI directed to send the inspection team to the institution for academic session 2017-2018 -After the report is filed, the MCI shall apprise the institution with regard to thedeficiencies and give date to the institution for removal of the same- Court to appreciate the inspection report and the deficienciesand the action taken up thereon by the institution on the next datefixed - Further, the renewal application submitted for the academicsession 2017-2018 to be treated as the application for the academicsession 2018-2019 - Establishment of Medical College Regulations1999 - cl.8(3)( l)(d). |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 840 |
Petitioner | Shri Venkateshwara University Through Its Registrar And Another |
Respondent | Union Of India And Anr. |
SCR | [2017] 11 S.C.R. 1061 |
Judgement Date | 2017-09-01 |
Case Number | 445 |
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