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2017 Supreme(SC) 1273
SUPREME COURT OF INDIA
DIPAK MISRA, AMITAVA ROY, A.M. KHANWILKAR, JJ.
Glocal Medical College & Super Speciality Hospital & Research Centre - Petitioner
Versus
Union of India & Anr. - Respondents
Writ Petition (Civil) No. 411 of 2017
Decided On : 24-08-2017
Advocate Appeared:
For the Petitioners: Mr. S.G. Hasnain, Mohd. Zahid Hussain, Mr. Kamal Mohan Gupta, Mr. Mukul Rohatgi, Mr. Amit Kumar, Mr. Avijit Mani Tripathi, Mr. Atul Kumar, Mr. Shaurya Sahay, Ms. Rekha Bakshi, Ms. Vidisha Kumar, Mr. Abhishek Vashisht, Mr. Ayush Chaurasia, Mr. V.K. Vishwanathan, Mr. Amit Kumar, Mr. Avijit Mani Tripathi, Mr. Atul Kumar, Mr. Shaurya Sahay, Ms. Rekha Bakshi, Ms. Vidisha Kumar, Mr. R. Basant, Mr. A. Ramesh, Mr. Amit Kumar, Mr. Syed Ahmad Naqvi, Mr. Shaurya Sahay, Ms. Shilpi Gupta, Mr. Mukesh Rohatgi, Mr. G. Umapathy, Mr. Rakesh K. Sharma, Mr. A. Leo G. Rozario, Mr. Aditya Singh, Mr. V. Giri, Mr. G. Umapathy, Mr. Rakesh K. Sharma, Mr. A. Leo G. Rozario, Mr. Aditya Singh, Mr. Kapil Sibal, Mr. Gaurav Bhatia, Mr. Utkarsh Jaiswal, Mr. Abhishek Singh, Dr. Rajeev Dhawan, Mr. Ranjan Kumar Pandey, Mr. K.P. Gautam, Mr. Sandeep Bisht, Mr. Anshuman Bhadur, Mr. Raju Ramachandran, Mr. Amitesh Kumar, Mr. Shashank Shekhar Singh, Ms. Priti Kumari, Ms. Babita Kushwaha, Mr. Mritunjay Kumar Sinha, Mr. C.A. Sundaram, Mr. Amitesh Kumar, Mr. Shashank Shekhar Singh, Ms. Priti Kumari, Mr. Mritunjay Kumar Sinha, Mr. Rohit Bhat, Mr. V. Shyamohan, Mr. Surya Prakash
For the Respondents: Mr. Maninder Singh, Mr. Ajit Kumar Sinha, Mr. R.K. Rathore, Mr. Vibhu Shanker Mishra, Mr. Gurmeet Singh Makker, Mr. Vikas Singh, Mr. Gaurav Sharma, Ms. Amandeep Kaur, Mr. Prateek Bhatia, Mr. Dhawal Mohan, Ms. Deepeika Kalia, Mr. Himanshu
The court's decision centered around the preservation of the bank guarantee and the direction for filing affidavits and replies by the concerned parties.
Headnote:
Bank Guarantee - Medical Council of India - [No specific act sections referenced] - The court reserved judgment on multiple writ petitions related to the encashment of bank guarantees by the Medical Council of India. The court directed the bank guarantee not to be encashed but kept alive in the meantime. The court also directed the filing of affidavits and replies by the concerned parties.
Fact of the Case:
The court reserved judgment on multiple writ petitions related to the encashment of bank guarantees by the Medical Council of India.
Finding of the Court:
The court directed the bank guarantee not to be encashed but kept alive in the meantime. The court also directed the filing of affidavits and replies by the concerned parties.
Issues:
Ratio Decidendi:
Final Decision: The court reserved judgment and directed the bank guarantee not to be encashed but kept alive in the meantime. The court also directed the filing of affidavits and replies by the concerned parties.
ORDER :
W.P.(C) No.411/2017
Let the matter be listed after three weeks.
2. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.
W.P.(C) No.438/2017
3. Heard Mr. Mukul Rohatgi, learned senior counsel for the petitioner, Mr. Maninder Singh, learned Additional Solicitor General for the Union of India and Mr. Vikash Singh, learned senior counsel for the Medical Council of India.
4. Hearing concluded.
5. Judgment reserved.
6. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.
W.P.(C) No.437/2017 & W.P.(C) No.441/2017
7. Mr. Maninder Singh, learned Additional Solicitor General shall file an affidavit/reply within two weeks hence. Needless to say, the Medical Council of India is at liberty to file the reply.
8. List the matter after two weeks.
9. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.
W.P.(C) No.432/2017
10. Issue notice.
11. As Mr. Maninder Singh, learned Additional Solicitor General and Mr. Vikas Singh, learned senior counsel has entered appearance on behalf of the respondents, no further notice need be issued.
12. List the matter along with Writ Petition (C) No.450 of 2017.
13. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.
W.P.(C) No.430/2017 & W.P.(C) No.436/2017
14. Learned counsel appearing for the petitioners submits that the Central Government has passed an order dated 10th August, 2017, in favour of the petitioner-Institution.
15. In view of the aforesaid, nothing survives to be adjudicated in these writ petitions. The same are, accordingly, disposed of.
Writ Petition (C) No.442/2017
16. Mr. Amit Kumar, learned counsel appearing for the petitioners seeks leave of this Court to withdraw the writ petition to approach the High Court. The writ petition is permitted to be withdrawn.
W.P.(C) No.450/2017
17. In the course of hearing, Mr. Mukul Rohatgi, learned senior counsel appearing for the petitioner has submitted that the deficiencies that has been pointed out in the case of the petitioner-Institution is absolutely marginal and there was no justification not to accept the shifting of patients to Oncology department because of short circuit. Additionally, he has drawn our attention to the decision dated 31st May, 2017 of the Central Government in respect of Mayo Institute of Medical Sciences, Barabanki. He has also drawn our attention to the letter dated 7th July, 2017, which has been written by the Medical Council of India to the Secretary to the Government of India, Ministry of Health & Family Welfare. It is propounded by him that there has been deficit with regard to the occupancy and many other defects. The said institution had been extended the benefit of permission. It is also urged that similar benefit has been given to thirty other institutions.
18. Mr. Maninder Singh, learned Additional Solicitor General for the Union of India shall file an affidavit of the Secretary, Ministry of Health and Family Welfare, Government of India, within two weeks hence, stating as to how the Letter of Permission was granted, so that the basis on which the said benefit was extended to the said Institutions, shall also be extended to the petitioner-Institution herein.
19. List the matter after two weeks.
20. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.
W.P.(C) No.448/2017
21. Heard Mr. P.S. Patwalia, learned senior counsel for the petitioner, Mr. Maninder Singh, learned Additional Solicitor General for the Union of India and Mr. Vikash Singh, learned senior counsel for the Medical Council of India.
22. Hearing concluded.
23. Judgment reserved.
24. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.
W.P.(C) No.468/2017
25. Heard Dr. Rajeev Dhawan, learned senior counsel for the petitioner, Mr. Maninder Singh, learned Additional Solicitor General for the Union of India and Mr. Vik
