1. Reconstitution of an Oversight Committee to oversee the functioning of the Medical Council of India following the expiry of the previous committee's term. (Para 1 )
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2017 Supreme(SC) 680
SUPREME COURT OF INDIA
Jagdish Singh Khehar, CJI., J. Chelameswar, R.K. Agrawal, D.Y. Chandrachud, S. Abdul Nazeer, JJ.
Amma Chandravati Educational and Charitable Trust and others - Petitioners
Versus
Union of India and Another - Respondents
Writ Petition(C) No. 408 of 2017 With M.A. No. 9 of 2017 In Civil Appeal No. 4060 of 2009 (I.A. No. 92 of 2016)
Decided On : 18-07-2017
Important Points
The court established the authority and functions of the Oversight Committee to oversee the activities of the Medical Council of India and approve its decisions.
Subject
Administrative Law - Regulatory Oversight
Headnote
Oversight Committee - Medical Council of India - The court accepted the proposal to constitute an Oversight Committee to oversee the functioning of the Medical Council of India, granting it authority to approve decisions/recommendations of the MCI, issue remedial directions, and function until the government puts in place an alternative mechanism.
Fact of the Case:
The court accepted the proposal to constitute an Oversight Committee to oversee the functioning of the Medical Council of India, granting it authority to approve decisions/recommendations of the MCI, issue remedial directions, and function until the government puts in place an alternative mechanism.
Finding of the Court:
The court found in favor of constituting an Oversight Committee to oversee the activities of the Medical Council of India and granted it specific functions and authority.
Issues:
Ratio Decidendi: The Oversight Committee was granted authority to oversee the functioning of the Medical Council of India, approve its decisions, issue remedial directions, and function until the government establishes an alternative mechanism.
Final Decision: The court disposed of the case in the terms mentioned, accepting the proposal to constitute the Oversight Committee and outlining its functions and authority.
Legal Category Hierarchy
Advocates Appeared:
For the Petitioners:- Kapil Sibal, Sr. Adv., A. Sharan, Sr. Adv., Gopal Sankarnarayan, Amit Kumar, Avijit Mani Tripathi, Atul Kumar, Shaurya Sahay, A. Ramesh, Videsha Kumar, Ms. Rekha Bakshi, Saket Sikri, Ms. Ranjeeta Rohatgi, Viklap Mudgal, Ms. Samten Doma, Ms. Christi Jain, Advs.
For the Respondents:- Ranjeet Kumar, SG, Maninder Singh, ASG, Ms. Vimla Sinha, R. Bala, R.K. Rathore, Vibhu Shanker Mishra, Ritin Rai, Gurmeet Singh Makker, Vikas Singh, Sr. Adv., Gaurav Sharma, Ms. Amandeep Kaur, Prateek Bhatia, Dhawal Mohan, Ms. Vara Gaur, Ms. Vriti Jindal, Ms. Deepika Kalia, Ms. Pragati Neekhra, Suryanarayana Singh, Amalpushp Shroti, Advs.
For the Petitioners:- Kapil Sibal, Sr. Adv., A. Sharan, Sr. Adv., Gopal Sankarnarayan, Amit Kumar, Avijit Mani Tripathi, Atul Kumar, Shaurya Sahay, A. Ramesh, Videsha Kumar, Ms. Rekha Bakshi, Saket Sikri, Ms. Ranjeeta Rohatgi, Viklap Mudgal, Ms. Samten Doma, Ms. Christi Jain, Advs.
For the Respondents:- Ranjeet Kumar, SG, Maninder Singh, ASG, Ms. Vimla Sinha, R. Bala, R.K. Rathore, Vibhu Shanker Mishra, Ritin Rai, Gurmeet Singh Makker, Vikas Singh, Sr. Adv., Gaurav Sharma, Ms. Amandeep Kaur, Prateek Bhatia, Dhawal Mohan, Ms. Vara Gaur, Ms. Vriti Jindal, Ms. Deepika Kalia, Ms. Pragati Neekhra, Suryanarayana Singh, Amalpushp Shroti, Advs.
Table of Contents
2. The Union of India proposed specific names for the Oversight Committee and sought liberty to substitute members if necessary. (Para 1 )
3. The Oversight Committee's role is limited to oversight and recommendation; final decision-making authority remains with the Central Government, which must record reasons for differing views. (Para 3 )
4. An oversight body's recommendations do not supersede the executive decision-making authority of the government, provided the government records reasons for its decisions. (Para 3 )
5. The court accepted the proposed members for the Oversight Committee, defined its functions regarding the Medical Council of India, and disposed of the matter. (Para 2 , 4 )
6. What are the functions and authority of the Oversight Committee regarding the Medical Council of India?
The Committee oversees the Medical Council of India, approves its decisions before communication to the Central Government, and issues remedial directions for improvement until a new mechanism is established. (Para 2 )
7. Does the Oversight Committee possess final decision-making authority over the Medical Council of India?
No, the Committee's functions are limited to oversight. Final decisions remain with the Government of India, which must record reasons if it deviates from the views proposed by the Council and Committee. (Para 3 )
8. Can a party challenge a decision made by the Government of India that differs from the Oversight Committee's proposal?
Yes, any aggrieved party may assail the government's decision in accordance with the law. (Para 3 )
ORDER
Mr. Ranjit Kumar, learned Solicitor General of India, having obtained instructions, has handed over to us the names of five eminent doctors to constitute an Oversight Committee, consequent upon the expiry of the term of the erstwhile Oversight Committee. The names for the Oversight Committee, as suggested, are as under:
1. Dr. V.K. Paul, Professor & Head, Paediatrics, AIIMS, New Delhi
2. Dr. Randeep Guleria, Director, AIIMS, New Delhi
3. Dr. Jagat Ram, Director, PGIMER, Chandigarh
4. Dr. BN Gangadharan, Director, NIMHANS, Bengaluru
5. Dr. Nikhil Tandon, Professor & Head, Endocrinology, AIIMS, New Delhi.
It is submitted, that the Oversight Committee shall commence its functions forthwith, and that liberty be granted to the Union of India to seek substitution of the names in the Oversight Committee, if the occasion so arises.
2. We accept the proposal made to this Court by Mr. Ranjit Kumar, learned Solicitor General of India on behalf of the Union of India. We grant liberty to the Union of India to nominate one of the members of the reconstituted Oversight Committee, as its Chairperson. We would like to record the functions, which are assigned to the Oversight Committee, which included the following:
a) the Oversight Committee will have the authority to oversee the functioning of Medical Council of India.
b) all decisions/recommendations of the MCI will require approval of the Oversight Committee before they are communicated to the Central Government.
c) the Oversight Committee will be free to issue appropriate remedial directions for improvement in the functioning of MCI.
d) the Oversight Committee will function till the Central Government puts in place any other appropriate mechanism, or until further orders.
3. The aforesaid functions are clearly limited to oversee the activities of the Medical Council of India. The decision in all matters required to be determined by the Government of India, shall be that of the Government of India, which shall record reasons for taking a view different to the one proposed by the Medical Council of India, in conjunction with the Oversight Committee. It shall also be open to the aggrieved party, if it is so advised, to assail the same, in accordance with law.
4. Disposed of in the aforesaid terms.
