LexANNAII MEDICAL COLLEGE & HOSPITAL AND ANR. versus UNION OF INDIA AND ANR.
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[2017) 10 S.C.R. 1113 ANNAII MEDICAL COLLEGE & HOSPITAL AND ANR. A v. UNION OF INDIA AND ANR. (Writ Petition '(Civil)No.525of2017 • • With I.A. No. 84899 of_2017) B . . SEPTEMBER 14, 2017 [DIPAK MISRA, CJI; A. _M. KHANWILKAR AND. DR. D. Y. CHANDRACHUD, JJ.] . Education/Educational Institutions - MBBS course - Medical C College debarred from admitting students for two academic sessions - Legality of - Petitioners lzad submitted application for . establishment of a new medical ~ollege from arndemic session 2016- 17 - MCI pointed out dejicie1icies - Ministry issued a conditional LOP for academic session 2016-20I7 - MCI again pointed out D. - deficiencies· and sen( a negative .recommendation to the Ministry/ Respondent - Ministry/Respondent accepted the_ recommendation of the MCI and debarred the college from admitting students for two academic sessions i.e. 2017-2018 & 20I8-20/9 - Writ Petition - Ministry/ Respondent directed to reconsider matter (lf!'esh - . Ministry/Respondent reiterated its earlier decision and debarred . E the petitioner-college - Said order challenged by petitioner- college - Held: Impugned decision is n,either unjus't no_r suffet.1: from the vice of extraneous consideration - It refers to all .relev(lnt materials pointing toward1· the deficiencies in the college which still persisted and is not a mechanical order -. As regwrts the deficiency F · of faculty members and residents, it was contended that absence of a large number of medical staff was mainly due to Diwali festival, but the same was rejected as inspection was conducted beyond two days from the festival, which was permissible in terms of cl.8(~)( l)(df of the regulations ~ Howeve1; respondents· directed to allow the. students already admitted in petitioner-college 011 basis of G conditional LOP for academic .i·ession 2016-2017 to continue their· sllldies - MCI directed to depute inspection team and submit recommendation to the Ministry to consider c.onfirmation of LOP in, favour of petitioner-college for thf!. academic session 2016-2017 - Further direction to respondents to treat the renewal application .H 1113 ; .·· ... 1114 SUPREME COURT REPORTS [2017] IO S.C.R. A submitted by t/ie petitioner-college for t/ie academic session 2017- 18 as hal'ing been made for the academic session 2018-19 - Establishment of Medical College Regulations, 1999 - cl.8(3)( I )(d). B Disposing of the writ petition and I.A., the Court HELD: 1. On a bare perusal of the impugned decision, it is manifest that the Competent Authority of the Central Government inter alia noticed as follows: (i) Absence of large number of faculty members and residents beyond the permissible limit on the day of inspection; (ii) Explanation offered by the petitioners about the absence of faculty members and residents due to leave granted c to them and also because the inspection was done just after Diwali festival, was unsatisfactory; (iii) Explanation regarding one faculty was not accepted as he was present during the Government college inspection in September. [Para 8) [1123-C-E] 2. As regards the deficiencies of faculty members and D residents, it was contended before the Hearing Committee that the absence of such large numher of medic:il staff wus mainly attributable to Diwali festival. The Hearing Committee has dealt with that contention and noted that Diwali was on 29'" October, 2016, whereas the inspection was conducted on 3'" & 4' 11 November, 2016. That was obviously beyond two days from Diwali E festival and was permissible in terms of Clause 8 (3)(1)(d) of the Establishment of Medical College Regulations, 1999. A similar argument has been considered and rejected by this Court in the case of Shri Venkateshwara University Vs. Union of India and in Royal Medical Trust & Anr. Vs. Union of India & A11r. Hence, no F fault can be found with the view taken by the Competent Authority. The Hearing Committee also considered the explanation given by the petitioners regarding one faculty whose presence was noticed during the inspection of the Government College in September, 2016. The Hearing Committee then observed that the college could not provide compliance in respect of other G deficiencies. The other deficiencies noticed in the Assessment Report dated 3'" & 4'h November, 2016, which remained unexplained, were very significant and cannot be overlooked. It is seen that the Bed Occupancy on the day of a
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