LexSHRI VENKATESHWARA UNIVERSITY THROUGH ITS REGISTRAR AND ANOTHER versus UNION OF INDIA AND ANR.
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[2017] 11 S.C.R. 1061 SHRI VENKATESHWARA UNIVERSITY THROUGH A ITS REGISTRAR AND ANOTHER v. UNION OF INDIA AND ANR. (Writ Petition (C) No.445 of2017). SEPTEMBER 01, 2017 [DIPAK MISRA, CJI, AMITAVA ROY AND A.M. KHANWILKAR, JJ.] ·B Education/Educational Institutions - Admission in MBBS c course for the academic years 2017-2018 and 2018-2019 - MCI had inspected the petitioner-university on 11'"& 12'" November 2016 and found certain deficiencies ~ However, the Oversight Committee recommended for grant of Letter of Permission (LOP) and the same was granted by the Central Government for the year 2016-17 - MCI conducted another inspection on 9'" December, 2016 i.e. almost D after a month and gave negative recommendatiiJn for the years 2017-2018 and 2018-2019 - Union of India debarred petitioner- University from admitting students in MBBS course for academic year 2017-2018 and 2018-2019 - Petitioner contended that MCI . . . could not have conducted a surprise inspection on 9'" December E 2016 as per regulations - Held: On a careful reading of clause 8(3)(l)(d), it is clear and unambiguous that the obligation of the MCI is to ensure that inspections are not carried out at least 2 days before and 2 days after an important religious and festival holidays declared by the Central/State Government - In instant case, the inspection team had gone for inspection on 9'" December and they · F were deprived to carry out inspection - Whereas the festival was on 12'" December - Inspection was thus not covered by the concept of two days of moratorium - In such situation when the institution does not allow the team of the MCI or the assessors of the MCI, it will be adding premium to deviancy - Conferment of this kind of G privilege absolutely unwarranted - Therefore, direction sought for renewal of LOP for the academic session 2017-2018 not accepted - However, students admitted for academic session 2016-2017 to continue their stUdies - MCI directed to send the inspection team to the institution for academic session 2017-2018 -After the report is 1061 H 1062 SUPREME COURT REPORTS [2017] 11 S.C.R. A filed, the MCI shall apprise the institution with regard to the deficiencies and give date to the institution for removal of the same - Court to appreciate the inspection report and the deficiencies and the action taken up thereon by the institution on the next date fixed - Further, the renewal application submitted for the academic B session 2017-2018 to be treated as the application for the academic session 2018-2019 - Establishment of Medical College Regulations 1999 - cl.8(3)( l)(d). While issuing directions, the Court HELD: 1. The thrust of the matter is whether the inspecting C team could have inspected on 9th December, 2016, when festival was on 12th December, 2016. [Para 12] (1071-B-C] 2. On a careful reading of the Clause 8(3)(1)(d) of the Establishment of Medical College Regulations, 1999, it is quite D clear and unambiguous that the obligation of the MCI is to ensure that inspections are not to be carried out at least 2 days before and 2 days after an important religious and festival holidays declared by the Central/State Government. In the clause, the words which gain significance are "important religious and festival E holidays". On 12th December, 2016, it was Milad-un-Nabi and it is .the day of festival. The inspection was done on 9th December, 2016, which was a Friday. The amended clause of the notification state only covers 2 days before the festival declared as a holiday by the Central/State Government and 2 days thereafter. In the F case at hand, the inspection team had gone for inspection on 9th December, 2016, and they were deprived to carry out the inspection. It was not covered by the concept of two days of moratorium. In such a situation when the Institution does not allow the team of the MCI or the assessors of the MCI, it will be G addin'g premium to deviancy. Conferment of this kind of privilege is absolutely unwarranted. Therefore, the directions sought for grant of renewal of Letter of Permission for the academic session 2017-2018 is not acceptable. [Para 16] (1072-H; 1073-A-D] H SHRI VENKATESHWARAUNIVERSITY THR. ITS REGISTRAR 1063 AND ANOTHER v. U.0.1. AND ANR. 3. It is appropriate that the students who have been A admitted in the Institution for the academic session 2016-2017, shall continue their studies. The MCI shall send the inspect
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