LexWORLD COLLEGE OF MEDICAL SCIENCES & RESEARCH AND HOSPITAL & ANR. versus UNION OF INDIA AND ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2017] 9 S.C.R. 715 ·
WORLD COLLEGE OF MEDICAL SCIENCES
& RESEARCH AND HOSPITAL & ANR.
v.
UNION OF INDIA AND ANR.
(Writ Petition (Civil) No. 514of2017)
SEPTEMBER 5, 2017
(DIPAK MISRA, CJI, A.M. KHANWILKAR AND .
DR. D.Y. CHANDRACHUD, JJ.J
A
B
Education/Educational Institutions - Medical college - MBBS
course - Inspection of Petitioner-College conducted by Medical C
Council of India (MCI), various deficiencies found therein -
Personal hearing given to the Petitioners by Director General of
Health Services (DGHS) which submitted the report to Competent
Authority - Competent AtJthority forwarded .the report to Oversight
Committee (OC) appointed by Supreme Court - OC observed that D
there was no deficiency - However, despite such opinion of OC,
respondent no. J passed order dtd. 31"' May 2017 debarring the
Petitioner from admitting students for the academic sessions 2017-
18 & 2018-19 - Writ petition by Petitioner for quashing the said
order and further, to direct the respondents to grant renewal of
permission to the Petitioner.for the academic session 2017-18 -
E
Supreme Court issued directions to the Competent Authority to re-
·consider the matter afresh - Personal hearing granted to the
Petitioner by Hearing Committee - Respondent no.I passed order
confirming its earlier order dated 31" May 2017 - Held: Competent
· Authority mechanically adverted to the recommendations of F
Hearing Committee - It did not examine the matter with respect to
the plea taken by the petitioners which had found favour with the
OC - However, since deficiencies found by MCI during inspection
were significant and beyond permissible limits, no direction is.
being 'issued to the respondents to allow Petitioner to admit students
for the academic session 2017-18 - Petitioners plea for grant of G
renewal of Letter Of Permission (LOP) for the academic session
2017-18 is declined - However, the students already admitted in
the ~etitioner-Col/ege for the flCademic session 2016-2017
are permitted to continue their studies - Further. MCI is directed to
H
715
716
SUPREME COURT REPORTS
[2017] 9 S.C.R.
A
send its Inspecting Team to the Petitioner-College to consider the
grant of renewal of LOP for the academic session 2018-2019 -
Matter be placed for fiirther consideration - Indian Medical Council
Act, 1956 - Section JOA (4) - Establishment of Medical College
Regulations, 1999 - Clause 8(3)(l)(d).
B
Establishment of Medical College Regulations, 1999 -
Cl.8(3){1}(d) - Interpretation of - Plea of Petitioner that inspection
could not have been conducted by MCI on 26th-27th Oct., 2016,
as the said dates were too close to a major national festival (Diwali)
- Held: The said Clause postulates that inspections are not to be
c conducted at least 2 days before and 2 days after important religious
and.festival holidays declared by Central/State Govt - Jn the present
case, the head count was carried out on the first day of inspection,
on 26'" Oct., 2016 - Diwali was on 29'h Oct., 2016, and thus, the
said inspection in no way offended Cl.8.
D
· Directing the matter to be placed for further consideration,
the Court
·
HELD: 1.1 The Competent Authority once again failed to
consider the relevant matters in the spirit of the direction given
E
by Supreme Court. It mechanically adverted to the
recommendation of the Hearing Committee, which had
reproduced the factual position narrated in the assessment report
in respect of the inspection conducted by Medical Council of
India (MCI) on 26'h·27'h October, 2016. The Competent Authority
did not examine the matter with respect to the specific plea taken
F
by the petitioners which had found favour with the OC. The OC
in its recommendation noted that the faculty deficiency was only
06.18% which was within the acceptable norms. The O<;: noted
that the assessing team completely glossed over the fact that
some staff was on leave due to the ensuing Diwali festival and
G that 4· ~faff members had come late after the scheduled time. The
explanation offered by the petitioners in that behalf found favour
with the OC. However, neither the Hearing Committee nor the
Competent Authority dealt with the factual matrix and in particular,
the explanation offered by the petitioners, including the fresh
representation. [Para 101 (725-D-G)
H
WORLD COLLEGE OF MEDICAL SCIENCES
& RESEARCH AND HOSPITAL v. U.0.1.
717
1.2 However, in the present case no directions are being A
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