Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education I Educational Institutions - Medical College - Petitioner No.I applied to respondent No.I Ministry of Health & Family Welfare. Government of India ( |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Education I Educational Institutions - Medical College -Petitioner No.I applied to respondent No.I Ministry of Health &Family Welfare. Government of India ("MHFW") for establishmentof a new medical college from academic session 2016-17onwards - That application was forwarded to respondent no.2.Medical Council of India ("MCI") for evaluation, which opinedseveral deficiencies in the proposed college - Based onrecommendations made by MCI, the MIJFW disapproved theproposal - Thereafter. the Oversight Committee (" OC ") constitutedby Supreme Court - After considering case of petitioner. orderpassed by the OC - Pursuant thereto MHFW issued a conditionalLetter of permission to. the petitioners - Thereafter, a complianceverification inspection conducted by the MCI, which gave negativerecommendation to the MHFW - OC conveyed its opinion to theMHFW that inspection conducted by MCI was contrary to theguidelines issued by the OC - MHFW. however. rejected petitioner:,application on the basis of the recommendation made by respondentNo.2 MCI, while also debarring the petitioners from admittingstudents for two years i.e 2017-18 and 2018-19 - Aggrieved,Petitioners filed writ petition before High Court, which ordered ji-eshopportunity of hearing to petitioner - However; MHFW reiteratedits earlier decision - On appeal, held: Jn instant case, the Competentauthority of the Government of India has not dealt with the matteras was expected in terms of the direction issued by theĀ· Court - Noattempt made by the Competent authority to analyse the factorsnoticed by the OC whilst recommending confirmation" of L~tter ofpermission in favour of the petitioner college - From the observationsof the OC, it was amply clear that the deficiency noticed by the Assessing Officer was within the permissible limils - Neither 1heHearing Committee nor the Competent aulhority has not made anyendeavour 10 dislodge the observation of OC - Therecommendations of OC may not be strict sense binding on theCompetent Authority. hut same cannot be completely disregarded -Further. the petitioner college undertakes to remove with promptitudeany deficiency already noted - Considering the fact that thepetitioners college fulfils the infrastructure and academicrequirement/1ls and has already started the college for academicsession 2016-J7. in larger public interest. respondent directed topermit the petitioner college to take part in the current year i.e.c 2017-18 counselling process which is still in progress - Constitutionof India - Art.142. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 832 |
Petitioner | Shri Gangajali Education Society & Anr. |
Respondent | Union Of India And Ors. |
SCR | [2017] 13 S.C.R. 463 |
Judgement Date | 2017-08-31 |
Case Number | 709 |
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