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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.935 OF 2017 (Dy. No.27756/2017)  

Advanced Medical and Educational  Society and Another ….Petitioners  

Versus  

Union of India and Ors. ....Respondents

J U D G M E N T

A.M. KHANWILKAR J.

1. The petitioners made an application for establishment of a

new medical college at Bhopal, Madhya Pradesh in the name and

style   of  “Advanced  Institute  of  Medical  Sciences”  for  the

academic  session 2016-17 to  the  Ministry.  That  proposal  was

duly  processed and decision was  taken not  to  issue  Letter  of

Permission (for  short,  “LOP”)  to  the  petitioner-institute  for  the

academic session 2016-17.  The Oversight Committee (for short,

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“OC”),  appointed  by  this  Court,  however,  issued directive  and

approved the proposal for establishment of new medical college

with an annual intake of 150 students for the academic session

2016-17  on  certain  conditions.   Accordingly,  the  Central

Government issued a formal conditional LOP on 12th September,

2016 for establishment of a medical college for the academic year

2016-17 on conditions imposed by the OC.  As per the conditions

in the said LOP, an assessment report with regard to verification

of compliance submitted by the college was duly considered by

the Executive Committee of the MCI in its meeting held on 13th

January,  2017.  Noting  as  many  as  26  deficiencies,  the  MCI

decided to make a negative recommendation.  Accordingly, the

MCI  informed  the  Ministry  vide its  letter  dated  15th January,

2017.  The Ministry then gave opportunity of personal hearing to

the  petitioner-institute  on  8th February,  2017 before  Director

General  of  Health  Services  (for  short,  “DGHS”).  The  Hearing

Committee concurred with the negative recommendation given by

the  MCI because of  as  many as 16 deficiencies noticed by it,

which  were  not  satisfactorily  explained  by  the

petitioner-institute.  The Ministry forwarded the report of Hearing

Committee to the OC for guidance. The OC vide its letter dated

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14th May,  2017,  conveyed  its  views  to  the  Ministry  favouring

confirmation  of  conditional  LOP  for  the  academic  session

2016-17.   However,  the  Ministry  chose  to  accept  the

recommendation of the MCI in view of significant deficiencies and

vide its  letter  dated  25th July,  2017,  informed  the

petitioner-institute  that  it  was  debarred  for  two  years  and

authorized the MCI to encash the Bank Guarantee of Rs. 2 Crore.

2. The petitioners challenged that order before the High Court of

Madhya Pradesh, Principal seat at Jabalpur, being WP No. 12138

of  2017.  The  High  Court  following  the  decision  of  this  Court

directed the Central Government to re-examine the matter and to

record  reasons.   In  compliance  with  the  said  direction,  the

Ministry granted hearing to the college on 24th August, 2017. The

Hearing Committee after considering the record and submissions

of the college submitted its report to the Ministry and noted as

under:-  

“Acute deficiencies of faculty, residents, clinical material and  infrastructure  have  been  pointed  out  in  the  MCI assessment.  The  college  could  not  produce  conclusive documentary evidence in support of their assertions. The college claim of 05.01.2017 being a gazetted holiday on account of Guru Govind Singh Jayanti would not hold as the  first  day  of  Inspection  on  which  verification  of faculty/residents takes place was 04.01.2017.

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The college could not respond with proof to the objection that though they possess 23 acres of unitary campus, the quarters for teaching faculty are located in the other plot of 2 acres.

The  copy  of  order  dated  15.05.2017  passed  by  the Hon’ble  NGT  was  very  clear.  However,  it  does  not indicate any relief being granted to the college.

In  view  of  the  deficiencies  as  exists,  the  Committee agrees with the decision of the Ministry vide letter dated 08.06.2017 to debar the college for two years and also permit MCI to encash bank guarantee.”

 3. The  Central  Government  accepted  the  recommendation  of  the

Hearing Committee and vide decision dated 30th August,  2017

reiterated its earlier decision dated 25th July, 2017 to debar the

petitioner-institute  from  admitting  students  for  two  academic

sessions i.e. 2017-18 and 2018-19 and also authorized MCI to

encash the bank guarantee of Rs. 2 crore. This decision has been

challenged in this writ petition and for further relief to direct the

respondents to allow the petitioner-institute to admit up to 150

students in MBBS course for the academic session 2017-18.  

4. We have heard Mr. V. Giri, learned senior counsel appearing for

the  petitioners,  Mr.  Vikas  Singh,  learned  senior  counsel

appearing  for  the  MCI  and  Mr.  Maninder  Singh,  learned

Additional Solicitor General for Union of India.

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5. As regards the relief of issuing direction to the respondents to

allow the petitioner-institute to admit upto 150 students for the

academic session 2017-18, the same will have to be rejected in

view of the recent decision of this Court in the case of  Royal

Medical Trust & Anr. Vs. Union of India & Anr.1

6. Reverting to the decision dated 30th August, 2017, passed by the

Central  Government,  instead  of  analyzing  the  factual  matrix

culminating  with  the  said  decision,  we  may  adopt  the  course

taken in the case of  Annaii Medical College & Hospital and

Anr. Vs. Union of India and Anr. 2.    That, in our opinion, will

subserve  the  ends  of  justice.   Accordingly,  we  dispose  of  the

present writ petition in the same terms.

7. Writ petition is disposed of as follows:-  

(i) The  respondents  are  directed  to  allow  the  students

already  admitted  in  the  petitioner-institute  on  the

basis  of  conditional  LOP  for  the  academic  session

2016-17, to continue their studies.  

(ii) The  MCI  shall  depute  its  Inspection  Team within  a

period  of  three  months  to  submit  an  assessment

1  Writ Petition (C) No. 747 of 2017, decided on 12.09.2017. 2  Writ Petition (C) No. 525 of 2017, decided on 14.09.2017.

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report regarding the overall performance and efficiency

of the petitioner-institute and deficiencies, if any, and

give  time  to  the  petitioner-institute  to  remove  those

deficiencies within the time specified in that regard.

(iii) We direct that the stated inspection  by the MCI will be

to consider confirmation of LOP of petitioner institute

for the academic session 2016-2017.

(iv) The  petitioner-institute  shall  then  report  its

compliance  and  communicate  the  removal  of

deficiencies to MCI, whereafter it will  be open to the

MCI  to  verify  the  position  and  then  submit  its

recommendation  to  the  Ministry.  The  Ministry  shall

then  take  a  final  decision  within  one  month  of  the

receipt of the recommendation from the MCI by taking

assistance of the Hearing Committee as constituted by

the  Constitution  Bench  of  this  Court  in  Amma

Chandravati Educational and Charitable Trust &

Ors. Vs. Union of India & Anr. 3,  or other directions

given in the said decision and in accordance with law.  

(v) We direct that until  a final decision is taken by the

Ministry  and  communicated  to  the  petitioners,  the 3  Writ Petition (C) No. 408 of 2017, decided on 18.07.2017.

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Bank Guarantee offered by the petitioners in the sum

of Rs. Two Crore shall not be encashed by the MCI but

the  petitioners  shall  keep  the  same  alive.  If  it  has

already been encashed in the meantime, the amount

shall be refunded to the petitioner-institute, who shall

furnish a fresh Bank Guarantee in the like amount to

the MCI within two weeks from the date of receipt of

the amount.

(vi) In  the  event  the  final  decision  of  the  Competent

Authority of the Central Government is adverse to the

petitioners, it will be open to them to take recourse to

such remedies as may be permissible in law.  

(vii) We further direct the respondents to treat the renewal

application  submitted  by  the  petitioner-institute  for

the academic session 2017-18 as having been made

for  the  academic  session  2018-19  and  process  the

same in accordance with law with promptitude.

8. There shall be no order as to costs.   

   ……………………………….CJI.     (Dipak Misra)

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………………………………….J.     (A.M. Khanwilkar)

.………………………………...J.      (Dr. D.Y. Chandrachud)

New Delhi; Dated: October 4, 2017.