1. Application for establishment of medical college — Denial of permission based on land ownership and infrastructure deficiencies — Challenge to debarment order. (Para 1 , 2 , 5 )
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2017 Supreme(SC) 786
SUPREME COURT OF INDIA
Dipak Misra, CJI., Amitava Roy, A.M. Khanwilkar, JJ.
Dr. Jagat Narain Subharti Charitable Trust and Anr. – Petitioners
Versus
Union of India and Ors. – Respondents
Writ Petition (Civil) No.513 of 2017 (With I.A. No.74980 of 2017) With
Writ Petition (Civil) No.681 of 2017 (With I.A. No.75275 of 2017)
Decided On : 30-08-2017
Important Points
IMPORTANT POINT
Decision taken in a mechanical manner and without application of mind cannot be sustained.
Decision taken in a mechanical manner and without application of mind cannot be sustained.
Subject
Education Law - Medical Education
Act Referred
Headnote
Medical education – New medical college – Oversight Committee finding deficiencies within permissible limits – Also finding that the college owns required land – Recommending grant of permission – Competent authority not analyzing and appreciating materials on record including decision of Revenue authorities regarding land submitted by appellant – Applying norms coming into force after appellant made application for permission – Competent authority rejecting application in mechanical way without application of mind – Authorities directed to allow the petitioner-college to admit up to 150 students until 05.09.2017 – Article 142, Constitution of India. (Para 13, 16)
2017 (8) SCALE 369 – Relied upon
Facts of the case:
Acting upon the said recommendation, the Ministry of Health & Family Welfare, Government of India disapproved the proposal for establishment of a new medical college for the academic session 2016-17 vide letter dated 08.06.2016. Notwithstanding the decision of the Ministry, the Oversight Committee (for short "OC"), constituted by this Court, issued directives to obtain fresh compliance from the college vide letter dated 21.06.2016. Pursuant thereto, the MCI, after examining the matter, returned the proposal citing various reasons, consequent to which the Ministry submitted its response to the OC. The OC vide letter dated 25.09.2016, however, favoured the approval of the scheme for establishment of the proposed medical college at Dehradun with annual intake of 150 seats for the academic session 2016-17, on certain conditions. In view of the approval granted by the OC, the Central Government issued a formal letter of permission on 26.09.2016 in favour of petitioner No.1 for establishment of a new medical college at Dehradun for the academic session 2016-17, with conditions as enumerated by the OC.
After verification of compliance submitted by the college the Executive Committee of MCI recommended to the Central Government to revoke the letter of permission.
Appellant filed writ petition before Supreme Court during pendency of which the Ministry of Health and Family Welfare, Government of India debarred the petitioner college from admitting students for two academic sessions i.e. 2017-18 & 2018-19 and also authorised the MCI to encash the Bank Guarantee of Rs. 2 crores offered by the petitioners.
Hence the second writ petition.
Finding of the Court:
Decision of Competent authority suffers from vice of being mechanical and non-application of mind.
Result: Writ petition allowed.
Legal Category Hierarchy
- administrative law
-
constitutional law
- article 142 (Para 13)
- education law
Advocates Appeared:
For the Petitioners:- Vivek Singh, Adv.
For the Respondents:- Gaurav Sharma, Adv.
For the Petitioners:- Vivek Singh, Adv.
For the Respondents:- Gaurav Sharma, Adv.
Table of Contents
2. Petitioners allege non-application of mind regarding land ownership and infrastructure; Respondents maintain land criteria are inviolable and deficiencies justify revocation of permission. (Para 7 , 8 )
3. Ministry acted mechanically, ignoring Oversight Committee findings on infrastructure and Revenue Authority decisions on land ownership, demonstrating a failure to analyze relevant material. (Para 9 , 10 , 11 , 12 )
4. Administrative decisions based on mechanical reiteration of recommendations without analyzing relevant material or rejecting prior favorable findings constitute non-application of mind and abdication of duty. (Para 12 )
5. Impugned debarment order quashed — Permission granted to admit students for the academic session — Relaxation of cut-off date under Article 142. (Para 13 , 17 )
6. When does an administrative order suffer from the vice of non-application of mind?
An order suffers from non-application of mind when the authority mechanically acts upon recommendations without analyzing relevant material on record or fails to provide reasons for rejecting plausible explanations and prior favorable findings from competent committees. (Para 9 , 10 , 11 , 12 )
7. Does failure to submit information in a specific prescribed form justify revocation of permission if substantial compliance is achieved?
No, failure to use a specific form is not a material deficiency if the required information was provided through other official channels and the specific form requirement was introduced after the application was submitted. (Para 11 )
8. Can the court relax statutory cut-off dates for admissions in exceptional circumstances?
Yes, the court may exercise its plenary powers under Article 142 of the Constitution of India to relax cut-off dates to do complete justice based on the peculiar facts of a case. (Para 13 )
JUDGMENT
A.M. Khanwilkar, J.
The petitioner No.1 Dr. Jagat Narain Subharti Charitable Trust, Dehradun, made an application to the Ministry of Health & Family Welfare, Government of India for establishment of a new medical college at Dehradun in the name and style `Shridev Suman Subharti Medical College & Hospital, Dehradun' from the academic session 2016-17 onwards. That application was forwarded to Medical Council of India (for short "MCI") for evaluation and making recommendations to the Ministry under Section 10A of the Indian Medical Council Act, 1956 (for short "1956 Act"). The Executive Committee of MCI considered the proposal pertaining to the aforementioned new medical college in its meeting convened on 27.02.2016. It was noted that the land on which the new college was proposed to be made was not entered in the name of Dr. Jagat Narain Subharti Charitable Trust. Several litigations were pending regarding the title and ownership of the said land. As a result, the Executive Committee of MCI opined that the Trust had failed to fulfill the qualifying criteria regarding the land, as prescribed by the Medical College Regulations, 1999 (for short "1999 Regulations"). Accordingly, MCI submitted its negative recommendation to the Central Government vide letter dated 01.03.2016 relating to issuance of letter of permission for establishment of a new medical college from the academic session 2016-17. The matter then proceeded before the Ministry of Health & Family Welfare, Government of India under Section 10A (4) of the 1956 Act and after affording opportunity of hearing to the college before the Hearing Committee on 06.05.2016, the proposal was sent back to MCI for review. The Executive Committee of MCI, in its meeting held on 13.05.2016, reiterated its earlier decision of disapproval of the scheme for the academic session 2016-17 and submitted negative recommendation to the Central Government recommending disapproval of the scheme under Section 10A of the 1956 Act. Acting upon the said recommendation, the Ministry of Health & Family Welfare, Government of India disapproved the proposal for establishment of a new medical college for the academic session 2016-17 vide letter dated 08.06.2016. Notwithstanding the decision of the Ministry, the Oversight Committee (for short "OC"), constituted by this Court, issued directives to obtain fresh compliance from the college vide letter dated 21.06.2016. Pursuant thereto, the MCI, after examining the matter, returned the proposal citing various reasons, consequent to which the Ministry submitted its response to the OC. The OC vide letter dated 25.09.2016, however, favoured the approval of the scheme for establishment of the proposed medical college at Dehradun with annual intake of 150 seats for the academic session 2016-17, on certain conditions. In view of the approval granted by the OC, the Central Government issued a formal letter of permission on 26.09.2016 in favour of petitioner No.1 for establishment of a new medical college at Dehradun for the academic session 2016-17, with conditions as enumerated by the OC.
2. Thereafter, an assessment with regard to verification of compliance submitted by the college was conducted by the MCI on 26/27.10.2016 and after considering the report, the Executive Committee of MCI, in its meeting held on 13.01.2017, noted certain deficiencies. The MCI, vide letter dated 15.01.2017, submitted its recommendation to the Central Government to revoke the letter of permission. After receipt of the said recommendation, personal hearing was given to the college on 17.01.2017, by Director General of Health Services (for short "DGHS"). The Hearing Committee noted as follows:
| "Sl. No. | Deficiencies reported by MCI | Observations of hearing committee | ||||||||||||||||||||||||||||||||||||||||||||||||||||
| i. | Deficiency of faculty is 20.00% as detailed in the report. | No satisfactory justification for deficiencies | ||||||||||||||||||||||||||||||||||||||||||||||||||||
| ii. | Shortage of Residents is 21.70% as detailed in the report | No sa | ||||||||||||||||||||||||||||||||||||||||||||||||||||
