SHRI VENKATESHWARA UNIVERSITY THROUGH ITS REGISTRAR AND ANOTHER versus UNION OF INDIA AND ANR.

SHRI VENKATESHWARA UNIVERSITY THROUGH ITS REGISTRAR AND ANOTHER versus UNION OF INDIA AND ANR.

The inspection carried out by MCI on 9 December 2016 was not within the moratorium period set by cl.8(3)(l)(d) of the regulations (which covers only 2 days before and after holidays). Refusal to allow inspection is unjustified, and renewal of Letter of Permission for academic session 2017-18 is not to be granted. Students admitted in academic session 2016-17 may continue their studies; MCI to conduct further inspection for 2018-19.

Parties
Petitioner: Shri Venkateshwara University through its Registrar and another; Respondent: Union of India and another
Jurisdiction
India
Judgment Date
01 September 2017
Procedural Posture
Writ Petition (civil) / Final Disposal With Further Directions
Outcome
Petition partly allowed with directions
Legal Topics
MBBS Admissions, Medical College Inspections, Medical Council of India Regulations
Education Law MBBS Admissions Medical College Inspections Medical Council of India Regulations

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Parties

Shri Venkateshwara University through its Registrar and another

Petitioner

Union of India and another

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposal With Further Directions

Legal Issues

  1. 1 Whether MCI could conduct a surprise inspection on 9 December 2016 given festival on 12 December 2016?
  2. 2 Whether debarment of petitioner for MBBS admissions for 2017-18 and 2018-19 was justified under regulations?

Ratio Decidendi

The inspection carried out by MCI on 9 December 2016 was not within the moratorium period set by cl.8(3)(l)(d) of the regulations (which covers only 2 days before and after holidays). Refusal to allow inspection is unjustified, and renewal of Letter of Permission for academic session 2017-18 is not to be granted. Students admitted in academic session 2016-17 may continue their studies; MCI to conduct further inspection for 2018-19.

Court Disposition

Petition partly allowed with directions

Orders

  • Renewal of Letter of Permission for academic session 2017-18 denied.
  • Students admitted for academic session 2016-17 to continue studies.