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SUPREME COURT OF INDIA
Arun Mishra, Indira Banerjee, JJ.
MEDICAL COUNCIL OF INDIA – APPELLANT(S)
VERSUS
N.C. MEDICAL COLLEGE & HOSPITAL & ORS. – RESPONDENT(S)
CIVIL APPEAL NO. 9519 OF 2018 (Arising out of S.L.P. (C) No.21859 of 2018)
Decided On : 13-09-2018
(b) Medical admission – Deficiency pointed out by MCI – College furnishing paper compliance report on its website – High Court relying on such content doubting inspection report – In view of deficiencies as noted by MCI even after giving fair opportunity to the college and stipulated dates being over, permission could not granted for admission during 2017-19 – Impugned judgment not sustainable. (Para 18, 22
(2016) 11 SCC 530; (2016) 11 SCC 225; (2017) 15 SCC 702 – Relied upon
(2004) 6 SCC 76; (2012) 5 SCC 628; (2017) 13 SCC 115; (2017) 16 SCC 719 – Referred
Facts of the case:
Medical Council of India is in appeal as against the judgment and order passed by the High Court allowing the writ petition of the medical college to admit 150 students for the academic year 2018-19 and in view of G.O. dated 31.5.2018 passed by the Government of India granting permission subject to the outcome of the writ petition in view of mandatory interlocutory order dated 29.5.2018 requiring the Government of India to accord approval to the college by 31.5.2018, though the said interlocutory order dated 29.5.2018 also permitting provisional admissions was set aside by this Court in Civil Appeal No.6001 of 2018.
Finding of the Court:
Impugned judgment and order is not sustainable.
Result: Appeals allowed.
JUDGMENT
ARUN MISHRA, J.
1. Medical Council of India (in short, ‘the MCI’) is in appeal as against the judgment and order passed by the High Court allowing the writ petition of the medical college to admit 150 students for the academic year 2018-19 and in view of G.O. dated 31.5.2018 passed by the Government of India granting permission subject to the outcome of the writ petition in view of mandatory interlocutory order dated 29.5.2018 requiring the Government of India to accord approval to the college by 31.5.2018, though the said interlocutory order dated 29.5.2018 also permitting provisional admissions was set aside by this Court in Civil Appeal No.6001 of 2018.
2. The case has a chequered history. After the N.C. Medical College had obtained Essentiality Certificate and affiliation of the University and thereafter the conditional permission of the Oversight Committee enabled it to admit 150 students in the academic session 2016-2017.
3. Pursuant to the letter dated 11.8.2016 of the Oversight Committee, the MCI took a verification inspection on 7/8.11.2016 and in view of the deficiencies noticed by the Inspectors, recommendation was made to the Central Government to debar the college to admit students for two academic sessions 2017-2018 and 2018-2019. The Bank Guarantee was ordered to be encashed. The recommendations of the MCI were accepted by the Government of India vide its order dated 10.8.2017.
4. In the year 2015, on 9/10.12.2015 inter alia the deficiency of faculty was found to be 87.7%, shortage of Residents 100%; in all 22 deficiencies were found. On 1.4.2016 again inspection was carried out. The deficiency of faculty was found to be 84.61%, shortage of residents 81.9%, OPD was found non-operational, bed occupancy was zero, in all 13 deficiencies were found. The Government of India accepted the recommendations made by the Executive Council of the MCI on 13.5.2016. However, the Oversight Committee gave conditional permission to remove deficiencies. Letter of permission dated 20.8.2016 was issued for academic session 2016-17.
5. Again after fresh assessment MCI considered the matter in its meeting on 22.12.2016 and noted various deficiencies inter alia that of faculty 27.69%, residents’ shortage 36.95%, bed occupancy 46%, there was no ICCU, in all 13 deficiencies were noted. MCI on 26.12.2016 informed the Government of India and recommended that the college be debarred from admitting students for two academic sessions 2017-2018 and 2018-2019. Appellant was called for personal hearing by Government of India on 17.1.2017. Thereafter, report was forwarded to the Oversight Committee vide letter dated 14.5.2017. The Oversight Committee recommended that opportunity of hearing be given to the college which was afforded on 29.5.2017. The recommendations of Committee made after hearing were accepted by MCI and the college was debarred vide letter dated 9.6.2017 from admitting students for two academic sessions i.e. 20172018 and 2018-2019.
6. The petitioner filed W.P. No.432/2017 in this Court in which this Court directed the Central Government to consider afresh the material on record after giving opportunity of hearing to the college to the extent necessary. Thereafter, petitioner was again granted opportunity of hearing on 3.8.2017 by Government of India and Hearing Committee. In view of a large number of deficiencies, the decision was reiterated by Government of India to debar the college for two years and also to permit MCI to encash the bank guarantee of Rs.2 crores.
7. On 9.10.2017, this Court directed fresh inspection to be carried out for the year 2018-2019. The MCI in compliance of order dated 9.10.2017 carried out the inspection assessment on 17.11.2017 and 18.11.2017. Deficiencies of faculty were found to be 9%, shortage of residents 10.2%, in all, 18 deficiencies were noted by inspectors.
8. This Court vide ord
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