KANACHUR ISLAMIC EDUCATION TRUST(R) versus UNION OF INDIA AND ANOTHER

Citation: [2015] 12 S.C.R. 830 · Decided: 30-09-2015 · Supreme Court of India · Bench: M.Y. EQBAL · Disposal: Dismissed
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Judgment (excerpt)

{2015] 12 S.C.R. 830 
A 
KANACHUR ISLAMIC EDUCATION TRUST(R) 
8 
v. 
UNION OF INDIA AND ANOTHER 
(Special Leave Petition (Civil) No. 25650 of 2015) 
SEPTEMBER 30, 2015 
[M. Y. EQBAL AND C. NAGAPPAN, JJ.] 
Education/Educational Institutions: MBBS course -
c Application for establishment of new medical college - MCI 
conducted inspection of petitioner college and pointed out 
various deficiencies - Submission of compliance report by 
petitioner stating rectification of the deficiencies -
Government of India disapproved the scheme submitted by 
D petitioner for establishment of new medical college - Writ 
petition- High Court refused to interfere wit~ the decision of 
the Government- SLP- Held: No justification or reason to 
interfere with the impugned order passed by the High G_ourt 
- Petitioner's institution granted liberty to -remove all the 
E deficiencies and rectify all the defects as pointed out by the 
. respondent-Me/ for conducting inspection of the petitioner's 
institution afresh. 
CIVIL APPELLATE JURISDICTION : Special Leave 
F Petition (C) No. 25650 of 2015 
G 
_ 
From the Judgment and Order dated 01.09.2015 of the 
High Court of Delhi at New Delhi in Writ Petition (Civil) No. 
7128 of2015 
Amrendra Saran, Salman Khurshid, Nidhesh Gupta, Sr. 
Advs., Kaushal Gautam, Ranjan Kumar Pandey, J. Singh, 
Kyaphamlin V. Kharlyngdoh, Ms. Sakshi Kotiyal, J. S. Bhasin, 
Anand Nandan, Nishant Shokeen, (ForT. Mahipai),Advs. with 
H them for the Appellant. 
830 
KANACHUR ISLAMIC EDUCATION TRUST(R) v. UNION 
831 
OF INDIA 
Ms. Pinki Anand, ASG, Vikas Singh, Sr. Adv., Gaurav A 
Sharma, Prateek Bhatia, Ms. Amandeep Kaur, Ajay Sharma, 
M.P. Gupta,AjayKuniarSingh, D. S. Mahra,Advs. with them 
for the Respondents. 
The following Order of the Court was delivered 
B 
ORDER 
M. Y. EQBAL, J. 1. The petitioner-Trust has preferred 
this special leave petition against the impugned judgment and 
order dated 01.09.2015 passed in Writ Petition (Civil) C 
No.7128 of 2015 whereby the Delhi High Court dismissed the 
said writ petition. 
2. In the afores~id writ petition, the petitioner challenged 
the communication dated 15.06.2015 of respondent no.1 -
D 
The Ministry of Health and Family Welfare (for short 'UOI') 
disapproving the application of the petitioner for establishment 
of a new medical college for the academic year 2015-16. A 
further direction was sought for by the petitioner in the writ 
petition directing respondent no.2-Medical Council of India E 
(MCI) to inspect the petitioner's college for the purpose of 
establishment of new medical college for the academic year 
2015-16 and a further direction to the respondent to consider 
the compliances submitted by the petitioner. 
F 
3.1tappears that in March, 2014, the .petitioner-Trust was 
granted consent by the Karnataka State Pollution Control 
Board for establishing medical college and hostel with 750 
bedded hospital. The Rajiv Gandhi University of Health 
Sciences, Karnataka, on the report of the Local Enquiry G 
Committee gave affiliation for the proposed course of MBBS 
with a total intake of 150 seats. The essentiality and feasibility 
certificate for starting MBBS course at petitioner's institution 
was also issued by the State Government in August, 2014. 
H 
832 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A 
Th~~ Medical Council of India conducted the inspection of the 
medical college and hospital through an Assessor and pointed 
out the following deficiencies: 
B 
c 
D 
E 
F 
G 
H 
"1. Deficiency of faculty is 15% as detailed in report. 
2. Lecture Theaters : Facility forE Class is not available. 
3. Students' ~ostels : They are not furnished. Toilet 
facilities are inadequate. Mess is not available. Visitors' 
room, A. C. study room with computer & Internet are not 
available. 
4. Residents' Hostels : They are not furnished. Toilet 
facilities are inadequate. Mess is not available. Visitors' 
room, A.C. study roqm with computer & Internet are not 
available. 
5. Nurses' Hostels : They are not furnished. Toilet 
facilities are inadequate. Mess is not available. Visitors' 
room, A.C. study room with computer & Internet are not 
available. 
6. OPD : Injection room for males/tamales, Dressing 
room for males/females, plaster cutting room are not 
available. In Ophthalmology OPD, dark rocm, Refraction 
room, Dressing room/Minor procedure room are not 
available. 
7. Audiometry & Speech Therapy are not available. 
8. There were no major or minor Surgical operations on 
day
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