2018 Supreme(SC) 693

SUPREME COURT OF INDIA
S.A. BOBDE, L. NAGESWARA RAO, JJ.
Chintpurni Medical College And Hospital & Anr. – Petitioners
Versus
State of Punjab & Ors. – Respondents
Writ Petition (Civil) No. 89 of 2018
Decided On : 03-07-2018

IMPORTANT POINTS
Withdrawal of essentiality certificate by State under dictate of MCI will be vitiated.
State has no power to withdraw essentiality certificate issued to a proposed medical college.
Indian Medical Council Act, 1956 or Regulations framed thereunder do not confer power on the State to inspect medical college.
State is enjoined to certify adequate clinical material only at the time of proposal of Medical College and not after it is established.
The term ‘adequate clinical material’ does not mean people, doctors, patients, staff etc. It means data about number of admissions, number of discharges, number of deaths, number of surgeries, number of procedures, X-rays and laboratories investigations.
Section 21 of General Clauses Act, 1987 does not have application to Essentiality certificate.

Headnote:(a) Administrative law – State withdrawing essentiality certificate issued to petitioner college under dictation of MCI – Withdrawal vitiated. (Para 8)

       (1995) 5 SCC 302; (2014) 3 SCC 502 – Relied upon

       (b) Indian Medical Council Act, 1956 – Section 10A r/w 33 – Essentiality certificate – Certifies that the opening of the proposed college is essential in the State, in public interest – Justifies opening of a medical college. (Para 14, 15)

       (c) Constitution of India – Seventh Schedule. Entry 66, List – I and Entry 25, List III – Parliament enacting Indian Medical Council Act, 1956 under Entry 66 – Denuding State Legislatures of powers to legislate on medical education under Entry 25 – Held, State has no power to withdraw essentiality certificate issued to a proposed medical college – Rules of equity and fairness and promissory estoppels. (Para 15, 16)

       (1999) 7 SCC 120 – Relied upon

       (d) Indian Medical Council Act, 1956 – Section 10A and 33 – Withdrawing essentiality certificate issued by State Government and denying grant of renewal of permission by Central Government due to deficiencies – Distinction – Essentiality certificate being a solemn statement of State Government certifying need to open a medical college cannot be withdrawn – Deficiencies can be removed – Instantly reasons given for withdrawing essentiality certificate not pertaining to factors certified as true in Form 2 – Withdrawal, held, invalid. (Para 17)

       (e) Medical education – Indian Medical Council Act, 1956 or Regulations framed thereunder – Do not confer power on the State to inspect medical college– Instantly State Government introducing conditions of inspection by it and on that basis to withdraw Essentiality certificate – Held ultra vires the Act and the Regulations. (Para 21)

       (f) Indian Medical Council Act, 1956 – Section 10A – Essentiality certificate – State enjoined to certify adequate clinical material only at the time of proposal of Medical College and not after it is established – Instantly State misinterpreting the term ‘adequate clinical material’ to mean people, doctors, patients, staff etc – The term as understood in the field of Medical Education means data about number of admissions, number of discharges, number of deaths, number of surgeries, number of procedures, X-rays and laboratories investigations – State’s claim to inspect the college even after establishment based on its interpretation of ‘adequate clinical material’ rejected. (Para 23)

       (g) General Clauses Act, 1987 – Section 21 – Essentiality certificate neither a notification, nor an order, or rule or bye- law – Section 21 has no application – State has no ;power to review or withdraw the essentiality certificate. (Para 25)

       (2002) 5 SCC 685; (2018) SCC Online SC 126; AIR 1967 SC 107; (2001) 8 SCC 233 – Relied upon

       (h) Indian Medical Council Act, 1956 – Section 10A – Essentiality certificate – Power to issue – A quasi judicial power – Section 21, General Clauses Act, 1987 has no application. (Para 27, 32)

       AIR 1995 AP 1 – Cited with approval

       Facts of the case:

       The petitioner made an application to the Medical Council of India for establishing a new Medical College. The permission for the first batch was granted in the year 2011-12. For the subsequent academic years i.e. 2012-13 and 2013-14, no renewal of permission was granted to the petitioner college, since the petitioner college was found to be deficient in the inspections carried out by the MCI. For the academic year 2014-15, petitioner was granted Letter of Permission (LOP) under the orders of Supreme Court passed in W.P (Civil) No.469 of 2014. Thereafter, no renewal of permission was granted to the petitioner for the academic year 2015-16. Petitioner college applied for the grant of recognition under section 11 of the IMC Act in the year 2015. MCI conducted three inspections. In all the three inspections carried out by the MCI, petitioner college was found to be deficient. The MCI, therefore, recommended to the Central Government, not to issue recognition to the petitioner college. On direction of Oversight Committee MCI conducted fresh inspection of the petitioner college on 07.03.2017 & again found the petitioner college deficient & accordingly recommended to the Central Government to debar the petitioner college from admitting students against the allowed intake for two academic years i.e. 2017-18 and 2018-19. The Central Government debarred the petitioner college for a period of two academic years i.e. 2017-18 and 2018-19.

       The present writ petition questions the withdrawal of the Essentiality Certificate dated 07.12.2010 and 15.02.2011 issued to the petitioner college by Respondent No. 1, State Government.

       Finding if the Court:

       State has no power to withdraw essentiality certificate.

       Result: Petition allowed.