Supreme Court - Daily Orders
Amma Chandravati Educational And ... vs Union Of India on 12 July, 2017
Bench: J. Chelameswar, R.K. Agrawal, S. Abdul Nazeer
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION(C) NO(s). 408 OF 2017
AMMA CHANDRAVATI EDUCATIONAL AND
CHARITABLE TRUST AND OTHERS …..Petitioner(s)
Veruses
UNION OF INDIA AND ANOTHER …..Respondent(s)
WITH
WRIT PETITION(C) NO(s). 480 OF 2017
MA NO(s). 9/2017 IN CIVIL APPEAL NO(s). 4060 OF 2009
ORDER
After hearing the elaborate submissions of the learned counsel appearing on either side, we are of the opinion that the matters are required to be heard by a Constitution Bench.
The very basis of this litigation is an order of a Constitution Bench dated 2nd May 2016 in Modern Dental College and Research Centre & Others v. State of Madhya Pradesh & Others, (2016) 7 Signature Not Verified SCC 353. This Court noticed certain deficiencies in the functioning of Digitally signed by DEEPAK MANSUKHANI Date: 2017.07.13 16:56:14 IST Reason: the Medical Council of India (a statutory body constituted under Section 6 of the Indian Medical Council Act, 1956) and directed that an 2 Oversight Committee be constituted.
The case of the petitioners is that the directions of the Constitution Bench of this Court only mean that the Oversight Committee should continue until the Government of India puts an alternative mechanism to streamline the activity of the Medical Council of India in place. So far, no alternative mechanism has been put in place, therefore, the Oversight Committee constituted by the Constitution Bench should continue.
On the other hand, it is submitted on behalf of the Government of India that necessary steps are already taken to put the alternative mechanism in place but the process has not yet attained its logical culmination in view of some procedural difficulties. Learned ASG appearing for the Union of India also submitted that apart from the pendency of the above exercise, having regard the developments which took place subsequent to the order of the Constitution Bench, the Government of India is of the opinion that there is no need for the Oversight Committee to continue.
An issue arises whether such a conclusion could be arrived at by the Union of India unilaterally without reference to this Court and acted upon.
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A specific submission is made by the petitioners that the direction of this Court contained in para 113 of the above-mentioned decision to the effect “the said Committee will have the authority to oversee any statutory functions under the MCI Act” would necessarily mean and imply that the overseeing Committee has authority not only to oversee the activity of the Medical Council of India but also the activity of the Government of India while exercising its statutory authority under various provisions of the Indian Medical Council Act, 1956.
A question which needs an examination.
IA No.92/2016 in Civil Appeal No.4060/2009 has also been filed on behalf of the Medical Council of India for clarification/modification. Mr. Vikas Singh learned senior counsel for the Medical Council of India submitted that the directions of the Constitution Bench are based on certain material which the Medical Council of India had no opportunity to controvert at the time when the order came to be passed. Therefore, the Medical Council of India is required to be heard before any final decision is taken regarding the need to continue to Oversight Committee.
However, having regard to the fact that the dispute revolved around the order of the Constitution Bench, we deem it appropriate that the questions are required to be examined and settled entirely by 4 a Constitution Bench.
We, therefore, deem it appropriate to direct the Registry to place all these matters including I.A. No.92/2016 in Civil Appeal No.4060/2009 before the Hon’ble the Chief Justice of India.
…..................................... J. (J. CHELAMESWAR) …..................................... J. (R.K. AGRAWAL) ……………….....................J. (S. ABDUL NAZEER) New Delhi July 12, 2017 5 ITEM NO.301 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 000408/2017 AMMA CHANDRAVATI EDUCATIONAL AND CHARITABLE TRUST & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (For Clarification/Direction on IA 46328/2017, alongwith Paperbook Of C.A. No. 4060/2009 And IA No.54299/2017-Permission to file Additional Documents) WITH W.P.(C) No. 000411/2017 (X) MA 000009/2017 (IV-A) (for intervention/impleadment) W.P.(C) No. 000424/2017 (X) (For ex-parte stay on IA 47544/2017, for appropriate directions) W.P.(C) No. 000468/2017 (X) (For stay) W.P.(C) No. 000480/2017 (X) W.P.(C) No. 502/2017 (X) Date : 12-07-2017 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. Kapil Sibal, Sr. Adv. WP(C) 408/2017 Mr. A. Sharan, Sr. Adv.
Mr. Amit Kumar, AOR Mr. Avijit Mani Tripathi, Adv. Mr. Shaurya Sahay, Adv. Mr. A. Ramesh, Adv.
Mr. Kumar Abhishek, Adv. Ms. Rekha Bakshi, Adv.6
WP(C) 411/2017 Mr. Salman Khurshid, Sr. Adv. WP(C) 424/2017 Mr. S.P. Singh, Sr. Adv.
Mr. S.G. Hasnain, Sr. Adv. Ms. Radhika Dwivedi, Adv. Mr. Mohd. Zahid Hussain, Adv. Mr. Syed Mohd. Fazal, Adv. Ms. Azra Rehman, Adv.
Ms. Lubna Naaz, Adv.
Ms. Kamna Singh, Adv.
Ms. Kunika, Adv.
Mr. Kamal Mohan Gupta, AOR WP(C) 468/2017 Mr. Rajeev Dhawan, Sr. Adv.
Mr. A. Sarwan, Sr. Adv.
Mr. K.P. Gautam, Adv.
Mr. Sandeep Bisht, Adv. Mr. Shrey Vardhan, Adv. Mr. Ranjan Kumar Pandey, AOR WP(C) 502/2017 Mr. Mukul Rohatgi, Sr. Adv.
Mr. Shyam Divan, Sr. Adv. Mr. Kunal Vajani, Adv.
Mr. Pranaya Goyal, AOR Mr. Nikhil Ranjan, Adv. Mr. Abhirath Thakur, Adv.
Ms. Ranjeeta Rohatgi, AOR Ms. Christi Jain, AOR For Respondent(s) Mr. Maninder Singh, ASG UOI Ms. Pinky Anand, ASG Mr. Ajit Kr. Sinha, Sr. Adv. Mr. R. Balasubramanian, Adv. Mr. Gaurav Sharma, Adv. Mr. R.K. Rathore, Adv.
Ms. Vimla Sinha, Adv.
Mr. Balendu Shekhar, Adv. Ms. Saudamini Sharma, Adv. Mr. Vibhu Shanker Mishra, Adv. Mr. Prabhas Bajaj, Adv. Mr. Kuldeep Chauhan, Adv. Ms. A. Thanvi, Adv.
Mr. Gurmeet Singh Makker, AOR MCI Mr. Vikas Singh, Sr. Adv.
Mr. Gaurav Sharma, Adv. Mr. Prateek Bhatia, Adv. Mr. Dhawal Mohan, Adv.
Ms. Amandeep Kaur, Adv.7
Ms. Vara Gaur, Adv.
Ms. Deepeika Kalia, Adv. Ms. Vriti Jindal, Adv.
Ms. Pragati Neekhra, AOR Mr. Suryanarayana Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R W.P(C) Nos. 411/2017, WP(C) No. 424/2017, WP(C) No. 468/2017 and WP(C) No. 502/2017 W.P(C) Nos. 411/2017, WP(C) No. 424/2017, WP(C) No. 468/2017 and WP(C) No. 502/2017 are de-tagged from this batch. These matters be listed along with Writ Petition(C) No. 430/2017.WP(C) No. 408/2017
MA No. 9/2017 in Civil Appeal No. 4060/2009 WP(C) No. 480/2017 In terms of the signed order, the Court made the following observations as under:-
“However, having regard to the fact that the dispute revolved around the order of the Constitution Bench, we deem it appropriate that the questions are required to be examined and settled entirely by a Constitution Bench.
We, therefore, deem it appropriate to direct the Registry to place all these matters including I.A. No.92/2016 in Civil Appeal No.4060/2009 before the Hon’ble the Chief Justice of India.” (DEEPAK MANSUKHANI) (RAJINDER KAUR) AR-cum-PS Court Master