HAMDARD INSTITUTE OF MEDICAL SCIENCES B AND RESEARCH (HIMSR) & ANR. versus UNION OF INDIA AND ORS.

Citation: [2017] 8 S.C.R. 282 · Decided: 08-09-2017 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off

Judgment (excerpt)

[2017) 8 S.C.R. 282 
A 
HAMDARD INSTITUTE OF MEDICAL SCIENCES 
B 
AND RESEARCH (HIMSR) & ANR. 
v. 
UNION OF INDIA AND ORS. 
(Writ Petition (Civil) No. 480of2017) 
SEPTEMBER 08, 2017 
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND 
DR. D. Y. CHANDRACHUD, JJ.I 
C 
Education/Educational Institutions - Medical college - MBBS 
admission - Renewal of permission for admission in MBBS course 
for academic session 2016-I 7 - Compliance verification assessment -
conducted by MCI - D"'ficiencies noted - Central government on 
the basis of negative recommendation of MCI decided to debar the 
petitioner college from admitting students for 2 years - Writ petition 
D - Supreme Court directed Central Government to give fresh 
opportunity to the petitioner college and then issue appropriate 
order recording reasons - Hearing Committee observed that 
seemingly there was no deficiency of faculty and residents but it 
was not in a position to give any finding with regard to the bed 
E occupancy deficiency unless physical verification was done -
Central Government after considering the findings of the Hearing 
committee reiterated its earlier decision debarring the petitioner 
college from admitting students for 2 academic years and authorised 
MCI to encash the bank guarantee of Rs.2 crores - Held: The 
observation of the Hearing Committee was that it was not possible 
F for the Hearing Committee to validate the deficiency pertaining to 
bed occupancy without doing physical verification -
This 
observation is relevant and cannot be disregarded - Therefore, 
respondents are directed to send its Inspecting Team to the petitioner 
college within a period of three months and inform the petitioner 
G college about the deficiencies if any, with option to remove the same 
within the time limit as may be specified - Petitioner college shall 
then report its compliance and communicate the removal of 
d"'/iciencies to MCI, whereajier it will be open to the MCI to verify 
the position and then prepare its report to be placed before the 
Competent Authority for being processed further in accordance with 
H 
law. 
282 
HAMDARD INSTITUTE OF MEDICAL SCIENCES AND RESEARCH 
283 
(HIMSR) v. UNION OF INDIA 
Disposing of the writ petition, the Court 
A 
HELD: 1. The Competent Authority of the Central 
Government has once again passed a mechanical order on 291h 
August, 2017, which is on the face of it, not in conformity with the 
spirit of the directions given by this Court to consider all aspects 
of the matter and record reasons. In the present case, the B 
deficiency in respect of faculty and residents has been found to 
be insignificant or within the permissible limits. The deficiency 
regarding bed occupancy, noted in the assessment report was, 
however, quite significant and beyond the permissible limits. The 
Hearing Committee which submitted its observation to the 
Competent Authority of the Central Government, after the second C 
round of hearing and in the second and final report did not record 
any conclusive opinion about the deficiency in respect of bed 
occupancy. [Paras 9, 101(288-F-H; 289-AI 
2. The Hearing Committee chose to review all facets of 
the case and submitted second and final report. No fault can be D 
found with the. Hearing Committee for hay_ing submitted second 
and final report after considering all facets of the case. The fact 
remains that the observation of the Hearing Committee was that 
it was not possible for the Hearing Committee to validate th.e . 
deficiency pertaining to bed occupancy without doing physical 
verification. This observation is relevant and cannot be 
disregarded. The deficiency pertaining to bed occupancy is 
significant and is a relevant factor and presumably must have 
weighed with the Competent Authority while taking decision on 
31'1 May, 2017 as well as on 29'h August, 2017. [Paras 11, 121[289-
D, G-H; 290-A) 
3. The respondents, in particular the MCI are directed to 
send its Inspecting Team to the petitioner college within a period 
E 
F 
of three months and inform the petitioner college about the 
deficiencies if any, with option to remove. the same within the 
time limit as may be specified. The petitioner college shall then 
G 
report its compliance and communicate the removal of 
deficiencies to MCI, whereafter it will be open to the MCI to 
verify the position and then prepare its report to be placed before 
the Competent Authority for being processed further in 
accordance with law. Final decisi

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