LexAPOLLO INSTITUTE OF MEDICAL SCIENCES & RESEARCH AND ORS. versus UNION OF INDIA AND ANR.
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[2017) 9 S.C.R. 697 APOLLO INSTITUTE OF MEDICAL SCIENCES & A RESEARCH AND ORS. v. UNION OF INDIA AND ANR. (Writ Petition (CI vii) No. 496 of2017) AUGUST 31,2017 [DIPAK MISRA CJI, A.M. KHANWILKAR AND DR. D.Y. CHANDRACHUD, JJ.I B Education/Educational Institutions - Medical College - Petitioners made appHcationfor establishment of new medical C college.for the academic session 2016-17-Application disapproved by Ministry concerned - However, in view of the approval of Oversight Committee constituted under the directions of Supreme Court, Letter of Permission granted by respondent no. I in favour of the petitioners' college for the academic session 2016-I 7 subject D to certain conditions - Executive Committee of the Medical Council of India (MCI), however, noticed de.flciencies and sent a negative recommenJation to Ministry - Ministry debarred the petitioners' college from admitting students .for two years - Challenge to - Supreme Court directed respondent No. I to reconsider the case of the petitioners' college a.fi·esh on the basis of material available on E record - Ministry on the basis of favourable observations made by Hearing Committee w.r.t. the de.ficiencies, though confirmed the conditional permission granted to the College in 2016-I 7, but denied permission to admit students for the academic session 2017-I8 -' Held: The impugned order, though acknowledged the fact t~at the F petitioners' college is a compliant college in respect of irifrastructure and academic matters howeve1; prohibited it from admitting students in the MBBS course for the academic session 20I7-I8 without assigning any tangible reason - Admittedly, the petitioners' college startedfunctioningfrom the academic session 2016-I7, on the basis of a conditional Letter,of Permission - The conditions specified G therein were substantially fulfilled in all respects - Impugned decision set ·aside - Further, in the peculiar facts of the present case, to do'" complete justice and in the larger public interest, directions issued in exercise of plenary powers u/Art.142 - H 697 698 SUPREME COURT REPORTS [2017] 9 S.C.R. A Constitution of India - Art. 142 - Medical Council Act, 1956 - s.JOA(4). Allowing the petition, the Court HELD: 1.1 The Hearing Committee, as well as the Comp.etent Authority of the Central Government, had shown B complete disregard to the fact situation and moreso when they have found that the infrastructure and academic requirements were ful:)' in place in so far as the petitioners' college is concerned. In fact, the impugned order acknowledges the fact that the petitioners' college is a compliant college in respect of c infrastructure and academic matters. In such a situation, it cannot be discerned as to what weighed with the Hearing Committee and Competent Authority of the Central Government to prohibit the petitioners' college from admitting students in the MBBS course for the academic session 2017-18. No tangible reason whatsoever was assigned by the said authorities in that regard, D leave alone any reason. [Para 7] [704-C-DI l.2 The approach of the statutory authorities is bordering on abdication of their statutory duty and is against the letter and spirit of the earlier direction given by this Court to reconsider the case of the petitioners' college afresh on the basis of material E available on record. Admittedly, the petitioners' college had started functioning from the academic session 2016-17, on the basis of a conditional Letter of Permission. The conditions specified therein have been substantially fulfilled in all respects including infrastructure and academic requirements. [Para 81 F [704-E-FJ 1.3 Considering the fact that the petitioners' college had fulfilled the infrastructure and academic requirements and has already operated the college for the academic session 2016-17 by admitting the first batch of students in the MBBS course and G further, even the Competent Authority had noticed that there were no major deficiencies, this petition and. the application filed by the petitioners is allowed in the larger public interest. Further directions are issued to the respondents as have been issued in the judgment of Dr. Jagat Narai11 S11bliarti Charitable Trust and Anr. V.v. Union of India and Ors., delivered on 30'h August, 2017. H (Para 91. (704-G-H; 705-AI ...... -, . .,. .. """""·' APOLLO INSTITUTE OF MEDICAL SCIENCES & 699 RESEARCH v. UO
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