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.JOA(7) - Permission for establishment of a new medical college - Petitioner sought Letter C of Permission (LOP) for establishment of its new medical college for the academic year 2016-17 and also renewal of such LOP for the next academic year 2017-18 - Conditional permission granted by respondent for establishment of the College for academic year 2016-17 - However, eventually in view of lingering deficiencies in its infrastructure and clinical materials, Ministry of Health and Family Welfare by order dtd. 09.06.17 debarred the Petitioner- College from admitting stud.ents for next two academic years i.e. 2017-18 and 2018-19 - Medical Council of India was authorised to encash the bank guarantee of Rs. 2 crores submitted by petitioner - Challenged by petitioner - Supreme Court by its order dtd. .01.8.2017 directed Central govt. to take a fresh decision after considering the materials on record and affording an opportunity of hearing to the petitioner - Hearing Committee of Central govt. considered the matter afresh and Central govt. by order dtd. 10.8.2017 reiterated its earlier decision dtd. 9.6.2017 - Propriety F of~ Held: The findings in the inspections reveal several deficiencies· including those in faculty, residents, DPD attendance, bed ·occupancy etc. - Deficiencies in other areas in the reports, are also not negligible - In the backdrop of such deficiencies recorded in successive inspections, it is not possible to readily discard the eventual findings recorded. by Hearing Committee and in the impugned orde.r dated 10.8.2017, as bereft of any reason - Respondents are the best Judge to assess the .findings in inspection reports on 'the touchstone of statutory imperatives to ensure the , required standard of medical education - Court is .ill equipped for want of judicially manageable parameters to -substitute the findings of experts on such issue by its views - Impugned decision notinterfered with - Petitioner is not entitled to LOP for the academicyear 2017-18 and the application, if submitted by it for the academicyear 2017-18 would be treated as one for 2018-19 -Petitioner tokeep the bank guarantee deposited with MCI alive, however, MCIwould not encash the same - Further, MCI to conduct a freshinspection within a period of three months and afford petitioner anopportunity to remedy the deficiencies, if any - This inspection wouldbe carried out for the purpose of LOP for the academic year 2018-19 - Central Government then to take a final decision in accordancewith law - Students admitted on the basis of LOP for the academicyear 2016-17, allowed to continue their studies in the petitioner-college till the completion of the course. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 978 |
Petitioner | Ponnaiyah Ramajayam Institute Of Medical Sciences |
Respondent | Union Of India And Another |
SCR | [2017] 11 S.C.R. 1099 |
Judgement Date | 2017-09-22 |
Case Number | 438 |
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