Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Medical Council Act, 1956 (102 of 1956) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education/Educational Institutions: Establishment of Medical College Regulations, 1999 – Regn. 8(3)(1)(a) – Medical education – Inspection conducted for granting first renewal for admission of students for academic year 2018-19 – Several deficiencies pointed out – Writ petition by Medical Institute seeking direction to Medical Council of India-MCI to send its Expert team for verifying the compliance of deficiencies pointed out and to forward its recommendation to Central Government; and Union of India to consider grant of renewal permission – High Court issued direction to MCI to inspect the Medical College and submit a report to Union of India – On appeal, held: Medical education must be taken very seriously and when an expert body certifies that the facilities in a medical College are inadequate, it is not for the Courts to interfere with the assessment, except for very cogent jurisdictional reasons such as mala fides of the inspection team, ex facie perversity in the inspection, jurisdictional error on the part of the MCI – On facts, High Court erred in holding that Regn. 8(3)(1)(a) would be applicable only to Colleges seeking second renewal – Admissions upto second renewal would fall u/Regn. 8(3)(1)(a) – Proviso not restricted only to second renewal cases – Even the first renewal is covered by proviso (a) to Regn. 8(3)(1) as the language used is “upto second renewal” – Further, the Regn. 8(3)(1) provides that an opportunity shall be given to the medical College to rectify the defects but, the proviso contemplates that certain minimum standards are to be satisfied – This prescription of standards for availing an opportunity to seek re-inspection not ultra vires either the Regulation or s. 10-A – Thus, in view of the large scale deficiencies found in the inspection reports and in view of Regn. 8(3)(1)(a), medical college not entitled to claim another inspection – Medical Council Act, 1956. |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2018 INSC 552 |
Petitioner | Medical Council Of India |
Respondent | Vedantaa Institute Of Academic Excellence Pvt. Ltd. And Ors. |
SCR | [2018] 5 S.C.R. 1 |
Judgement Date | 2018-06-01 |
Case Number | 5805 |
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