LexMADHA MEDICAL COLLEGE AND RESEARCH INSTT. THR. ITS MANAGING DIRECTOR versus UNION OF INDIA AND ANR.
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[2017] l l S.C.R. 733 MADHA MEDICAL COLLEGE AND RESEARCH INSTT. THR. A ITS MANAGING DIRECTOR V. UNION OF INDIA AND ANR. (Writ Petition (Civil) No. 674of2017) SEPTEMBER 12, 2017 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] B Education/Educational Institutions - Medical college - MBBS C course - Inspections of Petitioner-College carried out by Medical Council of India (MCI) wherein gross deficiencies were noticed - Respondent no.I vide order dated 31" May 17 debarred the Petitioner from admitting students for 2017-18 and 2018-19 - Wi-it petition flied by Petitioner before Supreme Court, challenging the said order and seeking mandamus for grant of recognition, as also D a permission to participate in counseling for admission in the ensuing academic year 2017-18-Re;pondent 110.J directed to afford a hearing lo the Petitioner-College and pass a reasoned order - Order dtd. 31" Aug. 2017 passed by Respondent no.I maintaining order dtd. 31" May 17 - Held: On facts, consistent opportunities were granted to the Petitioner-College lo rectify the deficiencies found in its infrastnicture, resources and facilities - Jn view of such deficiencies, the Petitioner cannot be allowed to admit students for the ensuing academic year 2017-18 -At this stage, decisions dtd. 31" May 2017 and 31 Aug. 2017 passed by Respondent no.I are not inte1fered with - However, on facts, Petitioner given an opportunity to remove the deficiencies on which MCI shall determine afresh as to whether it should be granted recognition in time for the commencement of academic year 2018-19 - Since, such an exercise cannot be carried ozit in time for academic year 2017-18 as the last date for admissions has elapsed and the academic session has commenced, hence the petitioner cannot be permitted to participate in the counseling process for the ensuing academic year 2017-18 - Further directions issued - Indian Medical Council Act, 1956 - ss. I OA, II - Establishment of Medical Colleges Regulations, 1999 - Regn. 8(3)(l)(d). 733 E F G H 734 A B c SUPREME COURT REPORTS (2017] I l S.C.R. Education/Educational Institutions - Medical college - MBBS course - Inspection of Petitioner-College carried out by Medical Council of India (MCI) rwice within a span of one month - Petitioner raised grievance as to the conduct of second inspection hy MCI - Held: MCI is conferred with sta111torv powers to protect the c<111se of medical education - Pwpose of inspection by an expert team of assessors is to verify whether a medical college has the requisite infrastructure and facilities or not to provide quality medical education consistent with the statutory regulations - As an expert statutory bo,~v. Mei may have legitimate reasons for seeking a reverification of the observations contained in a prior inspection - Powers of MCI cannot be constricted by prohibiting it from cartying out another inspection, even if it were to come close on the heels of an earlier inspection - Plea of Petitioner that MCI is prohibited from conducting a second inspection, rejected. Indian Medical Co1111cil Act, 1956 - Medical Council of D India - Powers of- Discussed. Various inspections of the Petitioner-College were carried out by Medical Council of India (MCI). The Respondent no.1 after furnishing an opportunity of being heard to the Pctitioner- College debarred the Petitioner from admitting students for 2017- E 18 and 2018-I9. Hence, the present writ petition. F G H Disposing of the Writ Petition, the Court HELD: l. The purpose of inspection by an expert team of assessors is to verify whether a medical college has the requisite infrastructure and facilities including faculty, residents as well as clinical and non-clinical material. The basic purpose of inspection is to verify whether the college possesses the wherewithal and resources to provide quality legal education consistent with the statutory regulations which hold the field. The powers of MCI cannot be constricted by prohibiting it from carrying out another inspection, even if it were to come close on the heels of an earlier inspection. its an expert statutory body, MCI may have legitimate reasons for seeking a reverification of the observations contained in a prior inspection. There may be reasons to doubt the genuineness of the picture which has been made out by the college during the course of an inspection. MCI may have prima facie MADHA MED
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