Case Note & Summary
The petitioner, Vedantaa Institute of Academic Excellence Pvt. Ltd., was granted permission to start a medical college in a rural and tribal area of Palghar District for the academic session 2017-18 by an order dated 31/5/2017. The permission was for one year and renewable yearly subject to verification of achievement of annual targets. The petitioner applied for renewal for the next academic session, and an inspection was carried out by the Medical Council of India (MCI). The petitioner challenged the validity of Clause 8(3)(1)(a) of the Establishment of Medical College Regulations, 1999, but later restricted the claim to a direction for fresh inspection. The court, considering the peculiar facts and circumstances, directed MCI to conduct a fresh inspection after giving the petitioner an opportunity to rectify any deficiencies. The court held that renewal cannot be denied without proper inspection and opportunity of hearing. The petition was disposed of with directions for fresh inspection.
Headnote
A) Medical Education - Renewal of Permission - Inspection - Petitioner granted permission to start medical college in rural area for academic session 2017-18, subject to yearly renewal based on achievement of annual targets - Petitioner applied for renewal and inspection was conducted - Court directed MCI to carry out fresh inspection after giving opportunity to petitioner to rectify deficiencies - Held that renewal cannot be denied without proper inspection and opportunity (Paras 1-5).
Issue of Consideration
Whether the Medical Council of India should be directed to conduct a fresh inspection of the petitioner's medical college for renewal of permission for the academic session 2018-19.
Final Decision
Rule made returnable forthwith. By consent of parties, heard finally. Court directed respondent no.2 to carry out fresh inspection of petitioner's medical college.
Law Points
- Renewal of permission for medical college
- inspection by Medical Council of India
- compliance with annual targets
- natural justice
- opportunity of hearing
Case Details
2018 LawText (BOM) (04) 37
WRIT PETITION NO.4319 OF 2018
B.R. GAVAI, SMT.BHARATI H.DANGRE
Mr.V.M.Thorat with Pooja V. Thorat, Mr.Anukul Seth i/b Mr.M.V. Thorat for petitioner; Mr.R.A.Rodrigues with Mr.Dushyant Kumar for respondent no.1; Mr.Ganesh K. Gole for respondent no.2
Vedantaa Institute of Academic Excellence Pvt. Ltd and Anr
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Nature of Litigation
Writ petition seeking direction for fresh inspection of medical college for renewal of permission.
Remedy Sought
Direction to respondent no.2 (Medical Council of India) to carry out fresh inspection of petitioner's medical college.
Filing Reason
Petitioner's medical college was granted permission for one year; for renewal, inspection was conducted but petitioner sought fresh inspection.
Previous Decisions
Permission granted for academic session 2017-18 by order dated 31/5/2017.
Issues
Whether the Medical Council of India should be directed to conduct a fresh inspection of the petitioner's medical college for renewal of permission.
Submissions/Arguments
Petitioner's counsel submitted that petitioner is not pressing challenge to validity of Clause 8(3)(1)(a) and restricts claim to direction for fresh inspection.
Ratio Decidendi
Renewal of permission for medical college requires proper inspection and opportunity to rectify deficiencies; court can direct fresh inspection in peculiar facts.
Judgment Excerpts
petitioner is not pressing for the challenge to the validity of Clause 8(3)(1)(a) of the Establishment of the Medical College Regulations 1999 and restrict the claim in the petition only for a direction to the respondent no.2 to carry out the fresh inspection of the petitioner's Medical college.
The petition arises out of the peculiar facts and circumstances.
Procedural History
Petitioner filed writ petition challenging validity of Clause 8(3)(1)(a) and seeking fresh inspection. At hearing, petitioner restricted claim to fresh inspection. Court heard parties and disposed of petition with directions.
Acts & Sections
- Establishment of Medical College Regulations, 1999: Clause 8(3)(1)(a)
