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(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Medical Council Act, 1956 – Appellant sought grant of Essentiality Certificate (EC) for Academic Year 2020-2021 – Application rejected by State Government – Eventually, Single Judge inter alia set aside the said order while further giving opportunity to the appellant to apply for the Academic Year 2022-2023 instead of Academic Year 2020-2021 – Review petition filed by appellant, dismissed – Division Bench refused to grant permission for Academic Year 2020-2021, instead directed the respondents to consider appellant’s application for establishment of a Medical College for the Academic Year 2021-2022 – On appeal, held: Conditional Essentiality Certificate was first issued in 2004 subject to removal of deficiencies – Since then 17 years have elapsed and the appellant has been unsuccessful in removing the deficiencies and securing requisite permissions from MCI – Appellant has been long trying to escape its responsibility and fill up the lacuna through judicial process by getting orders from the High Court for Consent of Affiliation (CoA) and consideration of its belated half-baked applications before the MCI – In the inspections carried out in 2015 and 2020, the appellant was found lacking proper facilities – Appellant has no real interest in running a hospital and thus, cannot call foul upon rejection of EC, CoA or its applications before MCI – Further, time schedule prescribed for starting a new Medical College for the Academic Year 2020-2021 is over long back – Even the last date for the year 2021-2022 which was extended to 15.12.20, in view of Covid-19 pandemic is also over by now – Thus, the State Government or the University cannot be directed to issue EC or CoA to the appellant for the year 2020-2021 – Medical Council of India Establishment of Medical College Regulations , 1999 – Regulation 8(3) – Kerala University of Health Sciences First Statute,2013 – Chapter XXI – Establishment of Medical College Regulations (Amendment), 2015. Indian Medical Council Act, 1956 – s.10-A – Requirement of Essentiality Certificate under – Discussed. B C D Indian Medical Council Act, 1956 – Issuance of Essentiality Certificate, if a ministerial job – Held: Issuance/re-issuances of an essentiality certificate is not in any way a ministerial job – While dealing with a case of maintaining standards in a professional college, strict approach must be adopted – Education. Kerala University of Health Sciences First Statute, 2013 – Chapter XXI – Clause X(I) – Grant of affiliation – Discussed. Education – Establishment of new medical college – Withdrawal of Essentiality Certificate (EC) – Held: State Government has power to withdraw the EC where it is obtained by playing fraud on it or where the very substratum on which the EC was granted vanishes or for any other reason of like nature – Indian Medical Council Act, 1956 |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2021 INSC 117 |
Petitioner | V. N. Public Health And Educational Trust Etc. |
Respondent | State Of Kerala & Ors. Etc. |
SCR | [2021] 1 S.C.R. 1013 |
Judgement Date | 2021-02-24 |
Case Number | 703 |
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