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SUPREME COURT OF INDIA
Dipak Misra, CJI., A.M. Khanwilkar, D.Y. Chandrachud, JJ.
Karpagam Faculty of Medical Sciences and Research – Appellant
Versus
Union of India and Ors. – Respondents
CIVIL APPEAL NO.12845 OF 2017 (Arising out of SLP(CIVIL) No.20197 of 2017)
Decided On : 14-09-2017
(b) Indian Medical Council Act, 1956 – Section 10A – Hearing committee finding bed occupancy below permissible limits – Refusing permission for 2017-18 – Supreme Court cannot sit in appeal over satisfaction of the expert body. (Para 17)
(c) Indian Medical Council Act, 1956 – Sections 10A and 11(2) – Successive inspections – Inspection conducted on 17th February, 2017 followed by compliance verification assessment on 15th/16th March, 2017 for academic session 2016-17 – Inspection carried out on 10th April, 2017 for academic session 2017-18 – Not a case of successive inspections. (Para 18, 20)
W.P.(C) No.747 of 2017; (2017) 10 SCALE 321 – Referred
Facts of the case:
The Competent authority passed an order debarring the appellant college from admitting students against 150 seats in MBBS course for the academic session 2017-18.
The High Court refused to grant any interim relief to the appellant to allow them to admit students in MBBS course for the academic session 2017-18.
Finding of the Court:
There is no error in the impugned judgment.
Result: Appeal and IA disposed of.
JUDGMENT
A.M. KHANWILKAR, J.
1. Leave granted.
2. This appeal emanates from the judgment and order dated 19th July, 2017 passed by the High Court of Madras in Writ Petition No.18334 of 2017. The said writ petition has been filed by the appellant for quashing of the order dated 31st May, 2017, passed by the Under Secretary to the Government of India, Ministry of Health and Family Welfare (Department of Health and Family Welfare) debarring the appellant college from admitting students against 150 seats in MBBS course for the academic session 2017-18. The said order was passed by the Competent Authority of the Central Government on the proposal for confirmation of conditional Letter of Permission (for short “LOP”) granted in favour of the appellant college for the 5th batch of 150 seats in MBBS course for the academic session 2016-17 and to grant recognition/approval to the appellant college under Section 11(2) of the Indian Medical Council Act, 1956 (for short “the Act”). The communication dated 31st May, 2017, informing about the decision of the Competent Authority of the Central Government, which has been challenged before the High Court, reads thus:
“ANNEXURE-P/10
No.U.12012/127/2016-ME.I[FTS.3084749]
Government of India
Ministry of Health and Family Welfare
(Department of Health & Family Welfare)
Nirman Bhawn, New Delhi
Dated the 31st May, 2017
To
The Principal/Dean,
Karpagam Faculty of Medical Sciences & Research
Pollachi Main Road, L & T By Pass Road junction
Eachanari Post, Eachnari,
Coimbatore, Tamil Nadu-641021.
Subject: Confirmation of conditional permission granted in 2016-17 and disapproval of renewal permission for 2017-18 Karpagam Faculty of Medical Sciences & Research, Coimbatore.
Sir/Madam,
In continuation to this Ministry’s letter dated 20.08.2016 granting conditional renewal permission for admission of 5th Batch of (150 seats) in MBBS course at Karpagam Faculty of Medical Sciences & Research, Coimbatore for the academic year 2016-17 on the basis of approval communicated by Supreme Court Mandated Oversight Committee on MCI (OC) and after granting an opportunity of hearing to the college with reference to recommendation of MCI dated 24.03.2017 and considering the contents of MCI letter No. MCI-34(41) (RG-17)/2017-Med./107428 dated 29.04.2017. I am directed to confirm the renewal of permission granted vide this Ministry’s letter dated 20.08.2016 for 2016-17 and remove the conditions imposed there on. MCI is also being requested to return the Bank Guarantee of Rs.2 Cr. submitted by the College in the Ministry as per the conditions laid down by the OC which is now in possession of MCI.
2. Further, I am directed to convey the decision of the Central Government not to permit admission of students in MBBS Course (150 seats) for the academic year 2017-18 at Karpagam Faculty of Medical Sciences & Research, Coimbatore.
3. Admission made against the decision of the Central Government will be treated as irregular and action will be initiated under IMC Act & Regulation made thereunder.
Yours faithfully,
Sd/-
(D V K Rao)
Under Secretary to the Govt. of India
Telefax: 011-23061120”
(emphasis supplied)
3. As the said decision refers to the recommendation made by the Medical Council of India (for short “MCI”) vide letters dated 24th March, 2017 and 29th April, 2017, it may be apposite to reproduce the same for discerning the real issue that arises for our consideration. The communication dated 24th March, 2017, sent by the Joint Secretary of the MCI to the Secretary to the Government of India, Ministry of Health & Family Welfare, reads thus:
“ANNEXURE-P/5
MEDICAL COUNCIL OF INDIA
No. MCI-34(41)(RG-17)/2016-Med./
Date: 24/03/2017
ITEM NO. 35
The Secretary,
Govt. of India,
Ministry of Health & Family Welfare,
Nirman Bhawan,
New Delhi - 110011
Sub: Recognition/Approval of Karpagam Faculty of Medical Sciences & Research, Coimbatore, Tamilnadu for the award of MBBS degree (150 seats) granted by The Tamilnadu Dr. M.G.
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