Supreme Court - Daily Orders
Medical Council Of India vs Ananta Charitable Educational Society on 30 October, 2017
Author: Chief Justice
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
SLP(C) 17732/17
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) No.17732 OF 2017
(With I.A. No.78386 of 2017)
Medical Council of India Petitioner
Versus
Ananta Charitable Educational Society Respondents
and Others
O R D E R
This special leave petition takes exception to the interim order dated 21.06.2017 passed in S.B. Civil Writ Petition No.7349 of 2017 by the High Court of Judicature for Rajasthan at Jodhpur. The said writ petition was filed to challenge the decision dated 31st May, 2017 of the Ministry of Health and Family Welfare, Government of India, directing the respondent-institute not to admit students in the MBBS Course for the academic years 2017-18 and 2018-19 and also authorising the Medical Council of India (MCI) to encash the bank guarantee of Rs. 2 crore submitted by the respondent- institute. By the impugned order the High Court stayed the effect and operation of the order dated 31 st May, 2017. The High Court also directed the Competent Authority to include the name of respondent-institute for the purpose of counselling to allot students for admission in the first year Signature Not Verified Digitally signed by of the MBBS Course for the academic year 2017-18. This Court CHETAN KUMAR Date: 2017.11.06 14:02:00 IST Reason: by an interim order passed on 14.07.2017, stayed the operation of the impugned order. During the pendency of this special leave petition, this Court vide order dated 4th SLP(C) 17732/17 2 August, 2017 directed the Ministry (Department of Health and Family Welfare, Government of India) to reconsider the proposal of the respondent-institute, following the decision rendered in Writ Petition (Civil) No.411 of 2017, titled Glocal Medical College and Super Speciality Hospital & Research Centre Vs. Union of India & Anr.1. Pursuant to the said direction, the Under Secretary to the Government of India passed a fresh order on 19th August, 2017 but reiterated its earlier decision dated 31st May, 2017 to debar the respondent-institute from admitting students for a period of 2 years i.e. 2017-18 and 2018-19 and also to authorise the MCI to encash the bank guarantee of Rs. 2 crore. In view of the pendency of this special leave petition in this Court, the respondent-institute has filed I.A. No.78386 of 2017 for the following reliefs:
“a) set aside the order No. U.12012/1024/2014- ME-I [FTS.114447] dated 19.08.2017 passed by the Respondent No.3-Ministry of Health & Family Welfare, Union of India.
b) permit the Respondent No. 2-Institute to admit 150 MBBS students for the Academic Year 2017-18 in terms of order granted to the similarly situated Medical Colleges/Institutes i.e. Akash Institute of Medical Sciences & Research Centre, Devanhalli, Gayatri Vidya Parishad Institute of Health Care & Medical Technology, Visakhapatnam and Nimra Institute of Medical Sciences, Andhra Pradesh;
c) make the interim order dated 17.07.2017 of staying the encashment of Bank Guarantee by the MCI as absolute; AND/OR
d) pass such further order(s) as this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.” 1 In W.P. (C) No. 411/2017 decided on 1.08.2017 SLP(C) 17732/17 3 Heard Mr. Gaurav Sharma, learned counsel for the petitioner, Mr. Maninder Singh, learned Additional Solicitor General for the Union of India and Mr. Gopal Subramaniam, learned senior counsel for the respondent Nos.1 and 2.
Having heard the learned counsel for the parties and keeping in view the recent decisions of this Court in Royal Medical Trust and Anr. Vs. Union of India and Anr.2 and Annai Medical College & Hospital and Anr. Vs. Union of India and Anr.3, it is directed that MCI shall allow the students admitted in the respondent Institute on the basis of conditional LOP for academic year 2016-17 to continue their studies. MCI shall send a team for inspection of the respondent-institute as per schedule for the academic year 2018-19. The application filed by the Institution for academic year 2017-18 for renewal shall be treated as an application for academic year 2018-19. If deficiencies are noted by the Inspection Team, the same shall be brought to the notice of the Institution and it shall be granted liberty to remove the same within a specified time. Thereafter, the matter shall be placed before the Executive Committee of MCI. If any deficiency is still required to be removed, the same shall be removed by the Institution within specified time, and if the Institution is a compliant Institution, the request for confirmation of LOP for the academic year 2016-17 and renewal of permission for the academic year 2018-19 may be dealt with appropriately.
The Ministry shall take a final decision within one month of the receipt of the recommendation from the MCI by taking assistance of the Hearing Committee as constituted by 2 In W.P. (C) No. 747/2017 decided on 12.09.2017 3 In W.P. (C) No. 525/2017 decided on 14.09.2017 SLP(C) 17732/17 4 the Constitution Bench of this Court in Amma Chandravati Educational and Charitable Trust and Ors. Vs. Union of India and Anr.4 or other directions in the said decision and in accordance with law.
We further direct that until the final decision is taken by the Ministry and communicated to the Institution, the Bank Guarantee offered by the Institution in the sum of Rs.2 crore shall not be encashed by MCI but the Institution shall keep the same alive. If the Bank Guarantee has already been encashed by MCI in the meantime, the amount shall be refunded to the Institution which shall furnish a fresh Bank Guarantee in the like amount to the MCI within two weeks from the date of receipt of the amount.
Mr. Gaurav Sharma, learned counsel for the MCI would submit that the respondent Nos.1 and 2 will be required to pay the inspection fee if it is not paid, for the inspection to be conducted in terms of this order for considering confirmation of LOP for academic year 2016-17 and renewal application for academic year 2018-19.
In the event, the final decision of the Competent Authority of the Central Government is adverse to the Institution it will be open to the Institution to take recourse to such remedies as may be permissible in law.
We further make it clear that the petitioner shall treat the renewal application submitted by the Institution for academic year 2017-18, as having been made for academic year 2018-19 and process the same in accordance with law with promptitude.
4 In W.P. (C) No. 408/2017 decided on 18.07.2017 SLP(C) 17732/17 5 The special leave petition and I.A. No.78386 of 2017 are disposed of in the above terms with no order as to costs. Further, the writ petition filed by the respondents, bearing S.B. Civil Writ Petition No.7349 of 2017 in the High Court of Judicature for Rajasthan at Jodhpur be deemed to have been disposed of accordingly.
..................CJI.
[Dipak Misra] ....................J. [A.M. Khanwilkar] ....................J. [Dr. D.Y. Chandrachud] New Delhi October 30, 2017.
SLP(C) 17732/17
6
ITEM NO.53 COURT NO.1 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No.17732/2017
(Arising out of impugned final judgment and order dated 21-06-2017 in SBCWP No. 7349/2017 passed by the High Court of Judicature for Rajasthan at Jodhpur) MEDICAL COUNCIL OF INDIA Petitioner(s) VERSUS ANANTA CHARITABLE EDUCATIONAL SOCIETY Respondent(s) (With appln.(s) for exemption from filing c/c of the impugned judgment and appropriate orders/directions) Date : 30-10-2017 These matters were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Gaurav Sharma, AOR Mr. Dhawal Mohan, Adv.
Ms. Amandeep Kaur, Adv.
Mr. Prateek Bhatia, Adv.
For Respondent(s) Mr. Maninder Singh, ASG Mr. Nalin Kohli, Adv.
Mr. Akshay Amritanshu, Adv. Mr. Prabhas Bajaj, Adv.
Mr. Ankit Roy, Adv.
Mr. G.S. Makker, Adv.
Mr. Gopal Subramonium, Sr. Adv. Mr. Manish Tewari, Adv.
Mr. J.S. Bhasin, Adv.
Mr. Nishant Shokeen, Adv.
Mr. T. Mahipal, AOR SLP(C) 17732/17 7 Ms. Kiran Bala Sahay, Adv.
Ms. Priyanka, Adv.
Ms. Priyadarshni Priya, Adv. Ms. Ruchi Kohli, AOR UPON hearing the counsel the Court made the following O R D E R The special leave petition and the interlocutory application are disposed of in terms of the signed order.
(Chetan Kumar) (H.S. Parasher)
Court Master Assistant Registrar
(Signed order is placed on the file)