IMPORTANT POINTS
Surprise inspection by MCI is permissible and the college is required to remain compliant.
There is no bar on inspection on Sunday.
Ratiocination in an authority is basically founded on the interpretation of the statutory provision. If a decision of based on particular fact or specific nature of the case, it will not amount to the ratio decidendi.
Exercise of power of judicial review and its extent varies from case to case. Court is duty bound to zealously guard the human rights, fundamental rights and the citizens’ right of life and liberty as also many non-statutory powers of governmental bodies as regards their control over property and assets of various kinds.

JUDGMENT :

Dipak Misra, CJI.

In this writ petition, the petitioner-Trust and the college have prayed for issue of a writ of certiorari for quashing the order dated 31.05.2017 passed by the respondent No.1 whereunder the petitioners have been debarred from admitting 150 students in the MBBS course in the academic years 2017-18 and 2018-19 and further to restrain the respondent No.2, Medical Council of India (MCI), to encash the bank guarantee of Rs. 2 crores furnished by the petitioner-institution. That apart, the prayer is to quash the order dated 14.08.2017 passed by the respondent No.1 for reiterating the said order. The relief has been sought for issue of writ of mandamus, commanding the respondent No.1 to grant renewal for the academic year 2017-18 keeping in view the recommendations dated 14th May, 2017, submitted by the Oversight Committee constituted in terms of the order of this Court and to direct the respondents to permit the institution to admit 150 students in MBBS Course for the academic year 2017-18.

2. At the very inception, it is necessary to state that though many a document has been filed and prolonged, anxious, forceful and sometimes vehement arguments have been canvassed, yet the controversy, as we perceive, lies in a narrow compass. And to appreciate the same, we are required to set out the chronology of litigation. Its life is not long.

3. The petitioner No.1, a Trust, established under the Indian Trust Act, 1882 decided to establish a new Medical College by the name of Kerala Medical College at Palakkad, Kerala. It submitted an application under Section 10-A of the Indian Medical Council Act, 1956 (for brevity, “the Act”) to the respondent No.1 to establish the Medical College in the name and style of Kerala Medical College and Hospital seeking admission of 150 students in the MBBS Course for the academic year 2014-15. As certain deficiencies were pointed out by the MCI, it was not granted Letter of Permission (LOP) for the year 2014-15. Thereafter, in 2015, an application was filed for grant of LOP for the academic session 2016-17. A team of assessors of the respondent No. 2 conducted assessment of the college in regard to grant of LOP for the academic year 2016-17 and submitted its report. The respondent No.2, on the basis of the reports of the assessors dated 16.12.2015 and 17.12.2015 in its Executive Committee meeting dated 28.12.2015 made recommendation to the respondent No.1 not to grant LOP for the academic year 2016-17. On 18.01.2016, the respondent No.1 afforded an opportunity of hearing to the petitioner as contemplated under Section 10A(4) of the Act and the petitioner gave its explanation as regards the deficiencies pointed out by the respondent No.2 and the respondent No.1 being satisfied referred back the matter to the respondent No. 2 for review.

4. As the factual narration would evince, on 10th February, 2016, a team of assessors of the respondent No. 2 conducted verification assessment for grant of LOP for the academic year 2016-17. In the mean time, the Constitution Bench in Modern Dental College and Research Center and others v. State of Madhya Pradesh and others, (2016) 7 SCC 353 constituted the Oversight Committee headed by Justice R.M. Lodha former CJI to oversee the functioning of the MCI. We shall refer the relevant paragraphs of the said judgment at a later stage. On 13th May, 2016, the report of the assessors team was considered by the Executive Committee of the respondent No.2 in its meeting dated 13.05.2016 and on 14.5.2016 the MCI recommended the disapproval of the scheme of the petitioner under Section 10-A of the Act for the academic year 2016-17. However, after Oversight Committee was constituted, the Central Government issued a public notice informing all the Medical Colleges