Case Note & Summary
The petitioner No. 1, Indian Centre for Advancement of Research and Education, Haldia (ICARE), a society registered under the Societies Registration Act, 1961, and petitioner No. 2, ICARE Institute of Medical Sciences and Research and Dr. Bidhan Chandra Roy Hospital, Haldia, West Bengal, filed a writ petition under Article 32 of the Constitution of India. They sought a writ of certiorari to quash the order dated 31.05.2017 passed by the competent authority of the Government of India, Ministry of Health and Family Welfare, and a writ of mandamus directing the respondents to grant recognition under Section 11(2) of the Indian Medical Council Act, 1956, to the MBBS degree awarded by the West Bengal University of Health Sciences, Kolkata, in respect of students who completed their courses at petitioner No. 2 College. The college was established in 2011 and had been imparting MBBS education since the academic year 2011-2012, receiving renewal permission for all subsequent years up to 2016-2017. For renewal of permission under Section 10A of the Act, a surprise assessment was conducted on 05.11.2015 and 06.11.2015. The assessment report dated 06.11.2015 revealed certain deficiencies, and as these were not rectified by the institution, the Executive Committee of the Medical Council of India recommended to the Central Government not to renew permission for admission of the 6th batch (100 seats) for the MBBS course. The Central Government accepted this recommendation and issued the impugned order denying renewal. The petitioners challenged this denial as arbitrary and sought recognition of the degrees already awarded. The judgment text provided is incomplete, and the final decision of the Court is not available.
Issue of Consideration
23023_2017_Judgement_21-Sep-2017
Case Details
2017 LawText (SC) (09) 115
Writ Petition (Civil) No. 633 of 2017
Indian Centre for Advancement of Research and Education Haldia (ICARE) & Anr.
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Nature of Litigation
Writ petition under Article 32 of the Constitution of India challenging the order denying renewal permission for MBBS course and seeking recognition of degrees.
Remedy Sought
Quashment of order dated 31.05.2017 and mandamus to grant recognition under Section 11(2) of the Indian Medical Council Act, 1956.
Filing Reason
Denial of renewal permission by Central Government based on MCI recommendation due to deficiencies found in surprise assessment.
Judgment Excerpts
In this Writ Petition preferred under Article 32 of the Constitution of India, the petitioner No. 1Indian Centre for Advancement of Research and Education, Haldia (ICARE), a society registered under the Societies Registration Act, 1961 through its Secretary, and the petitioner No. 2ICARE Institute of Medical Sciences and Research and Dr. Bidhan Chandra Roy Hospital, Haldia situated in West Bengal through its Principal have prayed for issue of a writ of certiorari for quashment of the order dated 31.05.2017 passed by the competent authority of the Government of India, Ministry of Health and Family Welfare and further to issue writ of mandamus or directing the respondents to grant recognition under Section 11(2) of the Indian Medical Council Act, 1956 (for brevity, ‘the Act’) approval to the petitioner No. 2 College and recognition to the MBBS degree to be awarded by the West Bengal University of Health Sciences, Kolkata in respect of the students who have completed their courses at petitioner No. 2 College.
The facts which are essential for the purpose of adjudication of the controversy are that the petitioner No. 2 College was established in 2011 and it has been imparting education in MBBS courses since the academic year 20112012 and has been granted renewal permission for all subsequent years up to 20162017. For the purpose of grant of renewal of permission under Section 10A of the Act, a surprise assessment was carried out by the assessors on 05.11.2015 and 06.11.2015. The assessment report dated 06.11.2015 showed certain deficiencies and thereafter the same being not removed by the institution, the Executive Committee of the Medical Council of India (MCI) recommended to the Central Government not to renew permission for the admission of 6th batch (100 seats) of the MBBS for the academic
Procedural History
The petitioner filed the writ petition directly in Supreme Court under Article 32; no prior proceedings mentioned in the available text.
Acts & Sections
- Indian Medical Council Act, 1956: 10A, 11(2)
- Societies Registration Act, 1961:
- Constitution of India: Article 32
