WORLD COLLEGE OF MEDICAL SCIENCES & RESEARCH AND HOSPITAL & ANR. versus UNION OF INDIA AND ANR.

WORLD COLLEGE OF MEDICAL SCIENCES & RESEARCH AND HOSPITAL & ANR. versus UNION OF INDIA AND ANR.

The deficiencies found by MCI during inspection were significant and beyond permissible norms. The Competent Authority did not properly examine the petitioner's explanations, nor did it address reasons for deviating from Oversight Committee opinion. The Supreme Court declined petitioner's plea for LOP renewal for 2017-18 and admission of students for that session, but allowed already admitted students in 2016-17 to continue, and directed further inspection for consideration of renewal for 2018-19.

Parties
Petitioner: World College of Medical Sciences & Research and Hospital; Respondent: Union of India; Respondent: Medical Council of India
Jurisdiction
India
Judgment Date
05 September 2017
Procedural Posture
Writ Petition (civil) / Final Order / Directions After Reconsideration
Outcome
Petitioners' plea for renewal of LOP for 2017-18 is declined; students admitted in 2016-17 permitted to continue; matter directed for further inspection and consideration for 2018-19.
Legal Topics
Establishment of Medical Colleges, Letter of Permission (lop), Regulation of Admissions, Inspection Procedure, Bank Guarantee
Education Law Medical Education Law Establishment of Medical Colleges Letter of Permission (lop) Regulation of Admissions Inspection Procedure Bank Guarantee

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Parties

World College of Medical Sciences & Research and Hospital

Petitioner

Union of India

Respondent

Medical Council of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Order / Directions After Reconsideration

Legal Issues

  1. 1 Whether the order debarring the petitioner college from admitting students for two academic sessions and authorising encashment of bank guarantee was valid
  2. 2 Whether inspection conducted on 26-27 October 2016 was against regulations in view of Diwali festival
  3. 3 Whether deficiencies found by MCI were correctly assessed and justified refusal of LOP renewal

Ratio Decidendi

The deficiencies found by MCI during inspection were significant and beyond permissible norms. The Competent Authority did not properly examine the petitioner's explanations, nor did it address reasons for deviating from Oversight Committee opinion. The Supreme Court declined petitioner's plea for LOP renewal for 2017-18 and admission of students for that session, but allowed already admitted students in 2016-17 to continue, and directed further inspection for consideration of renewal for 2018-19.

Court Disposition

Petitioners' plea for renewal of LOP for 2017-18 is declined; students admitted in 2016-17 permitted to continue; matter directed for further inspection and consideration for 2018-19.

Orders

  • MCI directed to send Inspecting Team within two months to petitioner college for inspection.
  • Petitioner college to be informed of deficiencies, given option to remedy within specified time.