LexGLOCAL MEDICAL COLLEGE AND SUPER SPECIALITY HOSPITAL & RESEARCH CENTRE versus UNION OF INDIA AND ANOTHER
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[2017] 8 S.C.R. 365 GLOCAL MEDICAL COLLEGE AND SUPER SPECIALITY HOSPITAL & RESEARCH CENTRE v. UNION OF INDIA AND ANOTHER (Writ Petition (C) No. 411 of2017) AUGUST 01, 2017 [DIPAK MISRA, AMITAVA ROY AND. A. M. KHANWILKAR, JJ.f Education/Educational Institutions: A B c Schemes for grant of letter of permission to establish new medical college for academic year 2016-17 - Submitted before Medical Council of India (MCI) - Schemes disapproved by MCI - Central Government also disapproved the schemes - Thereafter, in Modern Dental College case, Supreme Court constituted Oversight D Committee to oversee the functioning of MCI - On complaint by many Colleges/Institutions, the Committee permitted them to submit their compliance inputs afresh to the Ministry and further directed the MCI to conduct compliance verification inspection of those Colleges/ Institutions and to submit their report to Central Government - Thereafter, the Committee granted conditional E. approval, subject to certain conditions - Central Government issued letter of permission subject to the conditions laid down by the Committee - Colleges/Institutions, acting on the conditional permission, admitted students for the academic year 2016-17 - MCI caused another inspection and recorded a number of persisting F deficiencies and recommended to debar the Colleges/Institutions for admitting students for the academic years 2017-18 and 2018- 19 and to encash the bank guarantee furnished by them - Hearing was provided to the Colleges/institutions by a Hearing Committee - The comments of Hearing Committee and the comments of Director General of Health Services were forwarded to, the Central G Government - Central Government forwarded the same to the Oversight Committee - The Oversight Committee- recommended confirmation of the conditional letter of permission earlier granted - Thereafter, by letter dated 31.5.2017, decision of Central Government to debar the colleges ji-om admitting students in the 365 H 366 SUPREME COURT REPORTS [2017) 8 S.C.R. A academic years 2017-18 and 2018-19 and to authorise MCI to encash bank guarantees was communicated - Order dated 31.5.2017 challenged - He/d:The impugned letter dated 31.5.2017 is de hors any reason in support thereof - A reasonable opportunity of hearing, contained in the proviso to s.JOA (4) of Medical Council B Act is an indispensable pre-condition for disapproval by the Central Government - Jn the facts of the case, impugned order is in disaccord with the letter and spirit of the prescription of reasonable opportunity of hearing as enjoined uls. JOA(4) - Moreso, the recommendations of Oversight Committee cannot be disregarded or left out of consideration - Direction to Central Government to reconsider the C materials pertaining to the issue of confirmation or otherwise of the letter of permission granted to the petitioner colleges/institutions - Medical Council Act, 1956 - s. JOA (4). Adjourning the petitions with certain directions, the Court HELD: 1. A bare perusal of the impugned letter dated D 31.05.2017 would demonstrate in clear terms that the same is de hors any reason in support thereof. It mentions only about the grant of conditional permission on the basis of the approval of the Oversight Committee, and an opportunity of hearing vis-a- vis the recommendations of the MCI in its letter dated 15.01.2017 E highlighting the deficiencies detected in course of the inspection undertaken on 21" and 22âĒd December, 2016, but is conspicuously silent with regard to the outcome of the proceedings of the Hearing Committee, the recommendations recorded therein both of the Committee and the Director General of Health Services F (DGHS) and more importantly those of the Oversight Committee conveyed by its communication dated 14.05.2017, all earlier in point of time to the decision taken. This assumes importance in view of the unequivocal mandate contained in the proviso to Section 10A(4) of the Medical Council Act, 1956 dealing with the issue, amongst others of establishment of a medical college. [Para G 21((376-C-DJ 2. Though a hearing was provided to the petitioner colleges/ institutions through the Hearing Committee constituted by the DGHS (as mentioned in the proceedings dated 23.3.2017) qua the recommendations of the MCI contained in its letter dated H 15.01.2017, the proceedings of the Hearing Committee do reflect GLOCALMEDICAL COLLEGE AND SUPER
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