Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Education/Educational Institutions - Denial of approvalby Central Government (by order dated 15. 7.2014) (1) to newmedical colleges seeking permission to admit students tothe first year of MBBS course; (2) to increase in intake oseats in first year MBBS course to the already approvedcolleges; and (3) to renewal of permission - For the academicsession 2014-15 - In view that the Medical Council of India(MCI) was not able to verify/assess the .compliance report ofthe colleges - Writ petitions by Medical Colleges - Before Supreme Court as well as High Courts - Challenging theorders denying approval - Plea of MCI that verification ofthe compliance report could not be undertaken as it wasimpermissible to undertake. any inspection after 15th Junein view of the decision in *Priya Gupta case - In some petitions High Court directed the Central Government andMCI to undertake fresh inspection, against which MCI hascome in appeal - In some petitions High Court refused togrant interim relief, against which applicants have come inappeal - Disposing of the writ petitions and appeals, Held: Before taking any adverse decision as regards scheme u/s. 10A of the Medical Council Act, the applicant must be afforded reasonable opportunity Such opportunity is required to be granted not only at the initial stage (for establishment of new college) but also in case of subsequent renewal - The timely assessment is integral to the scheme - MCI and Central Government are obliged to conduct renewal inspection every year so as to ensure that establishment and expansion of hospital facilities are completed in time as per the scheme - The schedule under the Regulations, therefore, is required to accommodate and provide for adequate time limits for stage-wise consideration - The schedule as amended by notification dated 21.09.2012 does not provide for stage-wise consideration, while the draft schedules submitted by the MCI do make provisions for the same - Hence, the schedule provided by MCI is directed to be given statutory status - Central Government was expected to exercise its power under the Note to the Schedule of Regulations to modify the time limits in the schedule, subject to observation of deadline for admission i.e. 30th September - Since the deadline for admission is over, the cases where permissions were sought for establishment of new colleges or for increase in intake capacity, no relief can be granted to. - However, in the cases of the applicants seeking renewal of E permission, interim order (to the effect that they were granted permission to give fresh admission in first year of MBBS subject to their undertaking that there was no deficiency) is made absolute - Medical Council Act, 1956 - s.10A(7) - Establishment of the Medical College Regulations, 1999 - F Para 8, Schedule (as modified by the Notifications dated 28- 8-2009 and 21-9-2012)- Principle of Natural Justice. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2015 INSC 588 |
Petitioner | Royalmedical Trust(regd)andanother. |
Respondent | Union Of India And Another. |
SCR | [2015] 8 S.C.R. 530 |
Judgement Date | 2015-08-20 |
Case Number | 705 |
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