CHINTPURNI MEDICAL COLLEGE AND HOSPITAL & ANR.V. STATE OF PUNJAB & ORS. versus STATE OF PUNJAB & ORS.

CHINTPURNI MEDICAL COLLEGE AND HOSPITAL & ANR.V. STATE OF PUNJAB & ORS. versus STATE OF PUNJAB & ORS.

It is impermissible for the State Government to withdraw an Essentiality Certificate once granted for establishment of a medical college under the Medical Council Act, 1956, unless such power is expressly conferred; Section 21 of the General Clauses Act does not apply. Conditions imposed regarding doctor-panel ratio and ongoing inspections are ultra vires the Act and Regulations. Withdrawal is only permissible if certificate was obtained by fraud or if the substratum disappears.

Parties
Petitioner: Chintpurni Medical College and Hospital; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
03 July 2018
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
writ petition allowed
Legal Topics
Essentiality Certificate, Medical Council Act, State Government Powers, Withdrawal of Certificate, Inspection Powers, Quasi Judicial Function
Administrative Law Education Law Medical Education Law Essentiality Certificate Medical Council Act State Government Powers Withdrawal of Certificate Inspection Powers +1 more

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Parties

Chintpurni Medical College and Hospital

Petitioner

State of Punjab

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the State Government has the power to withdraw an Essentiality Certificate once granted under the Medical Council Act, 1956
  2. 2 Whether Section 21 of the General Clauses Act applies to withdrawal of Essentiality Certificates
  3. 3 Whether conditions imposed by State Government regarding doctor-panel ratio and inspection are ultra vires the Act and Regulations

Ratio Decidendi

It is impermissible for the State Government to withdraw an Essentiality Certificate once granted for establishment of a medical college under the Medical Council Act, 1956, unless such power is expressly conferred; Section 21 of the General Clauses Act does not apply. Conditions imposed regarding doctor-panel ratio and ongoing inspections are ultra vires the Act and Regulations. Withdrawal is only permissible if certificate was obtained by fraud or if the substratum disappears.

Court Disposition

writ petition allowed

Orders

  • Order of State of Punjab dated 01.11.2017 withdrawing Essentiality Certificate is quashed and set aside.
  • Condition Nos.(VII) and (XI) imposed by State Government are declared illegal.