Supreme Court Hears Writ Petition Against Non-Renewal of Medical College Recognition Under Indian Medical Council Act, 1956; Challenges Order of Ministry of Health and Family Welfare Dated 31.05.2017. Petition Seeks Certiorari and Mandamus for Recognition of MBBS Degree of Petitioner College.

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Issue of Consideration

23023_2017_Judgement_21-Sep-2017

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Case Details

2017 LawText (SC) (09) 117

WRIT PETITION (CIVIL) NO. 633 OF 2017

Dipak Misra, CJI

Indian Centre for Advancement of Research and Education Haldia (ICARE) & Anr.

Union of India & Anr.

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Nature of Litigation

Writ petition under Article 32 of the Constitution of India requesting certiorari and mandamus

Remedy Sought

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 mandamus to grant recognition under Section 11(2) of the Indian Medical Council Act, 1956 together with recognition of the MBBS degree awarded to students of the second petitioner college by West Bengal University of Health Sciences, Kolkata

Filing Reason

The competent authority refused renewal of permission for MBBS admissions for the academic year 20172018 based on recommendations of the Medical Council of India after deficiencies were found during a surprise assessment

Judgment Excerpts

In this Writ Petition preferred under Article 32 of the Constitution of India, the petitioner No. 1 Indian 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. 2 ICARE 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 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

Acts & Sections

  • Indian Medical Council Act, 1956: Section 10A, Section 11(2)
  • Constitution of India: Article 32
  • Societies Registration Act, 1961:
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