KRISHNA MOHAN MEDICAL COLLEGE AND HOSPITAL & ANR. versus UNION OF INDIA AND ANOTHER

Citation: [2017] 8 S.C.R. 877 · Decided: 01-09-2017 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Hearing Adjourned
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Judgment (excerpt)

[2017] 8 S.C.R. 877 
KRISHNA-MOHAN MEDICAL COLLEGE 
AND HOSPITAL & ANR. 
v. 
UNION OF INDIA AND ANOTHER 
(Writ Petition (Civil) No. 448 of2017) 
SEPTEMBER 01, 2017 
[DIPAK MISRA, CJI, AMITAVA ROY 
AND A.M. KHANWILKAR, JJ.J 
A 
B 
. Education/Educational institutions: Medical Colleges - . C 
Admission of students in the MBBS course - Issuance of direction 
debarring the petitioner college from admitting students in the MBBS 
course for the academic years 2017-18 and 2018-19 and authorizing 
the Medical Council of India to encash the bank guarantee of Rs. 2 
· crores submitted by the petitioners - Challenge to - Rem_and of the 
matter to the Central Government for fresh consideration - Hearing 
D 
Committee reiterated the earlier decision of Central Government 
since the petitioner college did not allow inspection and deficiencies 
relating to Faculty and Resident Doctors were found to be in excess 
of 30% - Held: Regulations do provide for certain norms of 
infrastructure to be complied with by the applicant college/institution 
E 
for being qualified for the Letter of Permission(LOP) for 
establishment of a college - However, reasonable opportunity of 
hearing is to be given to the college/institution vis-a-vis the scheme, 
before disapproval - No endeavour by the respondents to fairly 
examine the materials on record in details before recording a final 
decision on the issue of confirmation of LOP - Materials on record F 
do not support the allegation of deficiency - Thus, in view of the 
persistent defaults and shortcomings in the decision making process 
of the respondents, petitioner college/institution ought not to be 
penalized - Conditional LOP granted to the petitioner college/ 
institution on 12.09.2016 confirmed - However, as the Act and 
·. Regulations framed thereunder have been envisioned to attain the 
highest standards of medical education, the Central Government/ 
MCI to undertake fresh inspection of the petitioner college/institution 
to be made in accordance therewith for the academic year 2018-19 
and submit report - Central Government/MCI not to encash the 
877 
G . 
H 
878 
SC"PREME COURT REPORTS 
[2017] 8 S.C.R. 
A bank guarantee - Respondents not to permit the petitioner college/ 
institution to admit students for the academic year 2017-18. 
Maxims - Audi alteram partem - Rule of 'fair hearing' - Held: 
Requires that the affected party to be given opportunity to meet the 
case against him effectively - Right to fair hearing takes within its 
B fold a just decision supplemented by reasons and rationale -
Reasonable opportunity of hearing or right to 'fair hearing' casts 
an obligation on the adjudicator to ensure fairness in procedure 
and action. 
Adjourning the writ petition and IA, the Court 
C 
HELD: 1.1 The impugned order dated 10.08.2017, has to 
be assuredly tested on the touchstone of the operative directions 
contained in this Court's order dated 01.08.2017 remanding the 
issue involved to the Central Government for a fresh 
consideration on merits after affording opportunity of hearing to 
D the petitioner college/institution. As would be patent from the 
order under scrutiny, the Hearing Committee and for that matter, 
the Central Government had focused only on two aspects namely, 
non-cooperation of the petitioner college/institution in the 
proposed inspection on 09.12.2016 and the subsisting deficiencies 
relating to faculty and residents, which allegedly is each in excess 
E of 30%. There is no indication whatsoever as to whether the 
Hearing Committee/the Central Government had, as directed 
by this Court, re-appraised/reexamined the recommendations/ 
views of the MCI, Hearing Committee, DGHS and the Oversight 
Committee, as available on records. The materials intended by 
F this Court to be taken note of by the Hearing Committee/Central 
Government did include, amongst others the recommendations 
of the Oversight Committee contained in its communication dated 
14.05.2017, the observations of the DGHS recorded in the 
proceedings of 17.01.2017 as well as the representation dated 
19.11.2016 submitted by the petitioner college/institution qua the 
G deficiencies allegedly noticed by the assessors of the MCI during 
the inspection on 18-19.11.2016. This assumes importance in 
view of the fact that the deficiencies relating to faculty and 
residents, which according to the assessors of the MCI each is 
in excess of 30%, as noted in that inspection had been 
H 
KRISHNA MOHAN MEDICAL
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