GLOCAL MEDICAL COLLEGE AND SUPER SPECIALITY HOSPITAL & RESEARCH CENTRE versus UNION OF INDIA AND ANOTHER

GLOCAL MEDICAL COLLEGE AND SUPER SPECIALITY HOSPITAL & RESEARCH CENTRE versus UNION OF INDIA AND ANOTHER

The Central Government’s decision to debar colleges and encash bank guarantees, pursuant to the impugned letter dated 31.5.2017, was vitiated as it was unsupported by reasons, did not properly take into account the outcome of the Oversight Committee and hearing mechanisms, and thus violated the requirement of reasonable opportunity of hearing required by Section 10A(4) of the Medical Council Act. The materials pertaining to confirmation or otherwise of the permission granted must be reconsidered with due regard to all recommendations and views, and after granting a fair hearing.

Parties
Petitioner: Glocal Medical College and Super Speciality Hospital & Research Centre; Respondent: Union of India
Jurisdiction
India
Judgment Date
01 August 2017
Procedural Posture
Writ Petition (civil) / Interim Order/adjudication on Challenge to Central Government Decision
Outcome
Matter adjourned with directions; Central Government ordered to reconsider materials and grant fair opportunity of hearing.
Legal Topics
Medical College Permissions, Opportunity of Hearing, Oversight Committee, Medical Council Act
Education Law Administrative Law Medical College Permissions Opportunity of Hearing Oversight Committee Medical Council Act

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Parties

Glocal Medical College and Super Speciality Hospital & Research Centre

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Interim Order/adjudication on Challenge to Central Government Decision

Legal Issues

  1. 1 Whether the Central Government's order dated 31.5.2017 debarring colleges and encashing bank guarantees violated the requirement for reasonable opportunity of hearing under Section 10A(4) of Medical Council Act, 1956.
  2. 2 Whether the recommendations of the Supreme Court mandated Oversight Committee could be disregarded by the Central Government.

Ratio Decidendi

The Central Government’s decision to debar colleges and encash bank guarantees, pursuant to the impugned letter dated 31.5.2017, was vitiated as it was unsupported by reasons, did not properly take into account the outcome of the Oversight Committee and hearing mechanisms, and thus violated the requirement of reasonable opportunity of hearing required by Section 10A(4) of the Medical Council Act. The materials pertaining to confirmation or otherwise of the permission granted must be reconsidered with due regard to all recommendations and views, and after granting a fair hearing.

Court Disposition

Matter adjourned with directions; Central Government ordered to reconsider materials and grant fair opportunity of hearing.

Orders

  • Central Government to reconsider materials pertaining to confirmation or otherwise of the letter of permission granted to petitioner colleges/institutions.
  • Re-evaluate recommendations and views of MCI, Hearing Committee, DGHS, and Oversight Committee as available on records.