Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1999 Establishment of New Medical College Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Establishment of New Medical College Regulations, 1999 –Regulation 8(3)(1)(a) – When attracted – Government of India aftergranting hearing to the College in question, passed order dated14.08.2017 reiterating its earlier decision to debar the college –Writ petition filed by College before Supreme Court – Supreme Courtvide order dated 13.11.2017 directed the Medical Council of India(MCI) to consider the application of College for renewal ofpermission for the academic year 2017-18 to be valid for theacademic year 2018-19 and to process the same in accordance withlaw – MCI again carried out inspection, gross deficiencies werefound and recommended to the Central Government not to grantrenewal of permission for admitting third batch of 150 MBBSstudents for the academic year 2018-19 and also to invokeRegulation 8(3)(1)(a) of the 1999 Regulations – Government ofIndia granted opportunity of hearing to the College and requestedMCI in view of the documents of compliance filed, to consider thesame and to review the decision – College filed writ petition – HighCourt directed MCI to take decision within 5 weeks – OversightCommittee considered the matter and observed that once Regulation8(3)(1)(a) had been invoked, it was impermissible for the Council/Government of India to consider the compliance reported by theCollege – Writ petition filed by College – High Court directed theCentral Government to take decision within 10 days – CentralGovernment vide order dated 31.05.2018 decided not to grantrenewal of permission for admission for the academic year 2018-19 – Writ petition filed by College, allowed by High Court inter aliadirecting the College to submit compliance – On appeal, held:Regulation 8(3)(1)(a) provides that if the deficiencies of teachingfaculty and/or residents are found to be more than 30% and/or bedoccupancy less than 50%, College shall not be entitled to make them good and compliance of deficiencies will not be consideredfor issuance of letter of permission for same academic year – TheCollege in question was well-aware that in view of the grossdeficiencies found, an opportunity could not have been granted inview of Regulation 8(3)(1)(a) – College had filed successive writapplications in the High Court but did not pray for fresh inspectionknowing fully well that the MCI and the Oversight Committee haddecided and again reiterated their decision that due to grossdeficiencies found as per Regulation 8(3)(1)(a), complianceverification could not have been made – When Supreme Courtpassed order on 13.11.2017, it was observed that inspection shouldbe carried out and College should be given an opportunity to makecompliance of deficiencies – In concluding portion it was observedthat the decision has to be in accordance with law – Supreme Courtnever decided the question that in case deficiencies were found tobe gross as contained in Regulation 8(3)(1)(a) whether the saidRegulation has to be ignored – No case for quashing order dated31.05.2018 made out – Judgment and order passed by the HighCourt set aside. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2018 INSC 943 |
Petitioner | Medical Council Of India |
Respondent | Lord Buddha Educational Society & Ors. |
SCR | [2018] 12 S.C.R. 923 |
Judgement Date | 2018-10-09 |
Case Number | 10352 |
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