Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 19 Medical Council Act 1956 – ss. 10A |
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 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Medical Council Act, 1956 – ss. 10A, 19 – Essentiality Certificate – Grant of, by State Government to the medical college – Power of State Government to withdraw the Certificate once granted – Permissibility of – Held: It is not permissible to allow any authority including a State Government which merely issues an Essentiality Certificate, to exercise any power of withdrawing the Certificate which could have the effect of terminating the existence of a Medical College permitted to be established by the Central Government – State Government may not do either directly or indirectly – Further, it cannot be said that under no circumstances can the Essentiality Certificate be withdrawn – State Government would be entitled to withdraw such certificate where it is obtained by playing fraud on it or any circumstances where the very substratum on which the Essentiality Certificate was granted disappears or any other reason of like nature – On facts, the condition of doctor-panel ratio proposed to be achieved, is ultravires the provisions of the Act and Regulations – Thus, the order issued by the State, withdrawing the Essentiality Certificate is quashed and set aside. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2018 INSC 572 |
Petitioner | Chintpurni Medical College And Hospital & Anr. |
Respondent | State Of Punjab & Ors. |
SCR | [2018] 5 S.C.R. 147 |
Judgement Date | 2018-07-03 |
Case Number | 89 |
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