Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational institutions - Indian Medical Council |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Education/Educational institutions - Indian Medical Council Act, 1956 - s.11(2) - Admission in MBBS course - Respondent debarred the appellant college from admitting students in MBBS course for the academic session 2017-2018 - Appellant challenged the order - High Court refused to grant any interim relief for academic session 2017-2018 - Supreme Court directed Respondent to consider the matter of appellant-college afresh - However, respondent reiterated its earlier decision - Aggrieved, appellant challenged the decision of the respondent contending that it was not permissible for the MCI to carry out successive inspections - Held: The fact that the Competent Authority of the Central Government has confirmed the renewal of permission in favour of the appellant for academic session 2016-17, it would not follow that the appellant college is entitled to grant of recognition/approval uls. 11(2) of the Act from the academic session 2017-18 as a matter of course, without removing the deficiencies pointed out in the latest assessment report - Nothing to indicate that any plausible explanation was offered by the appellant college regarding the stated deficiencies - In instant case, it is not a case of successive surprise inspections - For, the inspection conducted on 17.02.2017 was followed by the compliance verification assessment on 151 16.03.2017 for considering the proposal for confirmation of renewal of LOP for the academic session 2016-2017; and inspection carried out on 10.04.2017 was for considering the proposal regarding recognition/approval for the college from academic session 2017- 2018 - It is not possible to doubt the earlier decision of the Ministry, as confirmed after re-consideration - Respondent directed to process the proposal for grant of recognition/approval submitted by the appellant college for academic session 2017-18 as having being made for academic session 2018-19 - For that purpose, MCI directed to conduct inspection of the appellant college and inform the appellant about the deficiencies - Appellant college to report its compliance and communicate the removal of deficiencies to MCI; whereafter it will be open to the MCI to undertake verification of the compliance and then prepare its report to be submitted to the Central Government - Thereafter, Respondent to take appropriate decision in accordance with law. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 904 |
Petitioner | Karpagam Faculty Of Medical Sciences . And Research |
Respondent | Union Of India And Ors. |
SCR | [2017] 11 S.C.R. 1074 |
Judgement Date | 2017-09-14 |
Case Number | 12845 |
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