Supreme Court Orders Fresh Review of Medical Colleges’ Permission Cancellation by Central Government

The case of Glocal Medical College and Super Speciality Hospital & Research Centre v. Union of India & Another dealt with the cancellation of conditional permissions granted to medical colleges for the academic year 2016-17. The Supreme Court was tasked with determining whether the Ministry of Health and Family Welfare (MHFW) was justified in barring these colleges from admitting students for two academic years and encashing their bank guarantees.

Background of the Case

Several medical colleges had been granted conditional permission to admit students for the academic year 2016-17 based on the approval of the Supreme Court-mandated Oversight Committee (OC). However, the Ministry of Health and Family Welfare, acting on the recommendations of the Medical Council of India (MCI), later withdrew these permissions, barred admissions for the next two academic years (2017-18 and 2018-19), and ordered the encashment of bank guarantees submitted by the institutions.

The affected colleges challenged this decision before the Supreme Court.

Key Legal Issues

• Whether the Central Government followed due process in canceling the permissions and debarring the colleges.
• Whether the Oversight Committee’s recommendations were binding on the Ministry of Health and Family Welfare.
• Whether the principles of natural justice were violated in the decision-making process.

Arguments by the Parties

Petitioners’ Arguments (Medical Colleges)

The petitioners contended that:

• The Oversight Committee had the authority to oversee MCI’s functioning and had approved their conditional permissions.
• The Ministry of Health and Family Welfare ignored the recommendations of the Oversight Committee and relied solely on MCI’s findings.
• The colleges were not given a fair opportunity to respond to the deficiencies noted in MCI’s inspections.
• The deficiencies cited were minor and should not have led to such severe penalties.

Respondents’ Arguments (Union of India & MCI)

The respondents argued that:

• The Central Government had the ultimate authority under the Indian Medical Council Act, 1956, to approve or disapprove permissions.
• The medical colleges had failed to provide the required infrastructure and faculty, leading to the cancellation of permissions.
• The Oversight Committee’s role was advisory and did not override the statutory powers of MCI and the Central Government.

Supreme Court’s Judgment

The Supreme Court, comprising Justices Dipak Misra, Amitava Roy, and A.M. Khanwilkar, held that the decision of the Central Government lacked reasoning and failed to consider the Oversight Committee’s recommendations.

“The impugned decision cannot be sustained in law as well as on facts. The materials on record bearing on the claim of the petitioner institutions/colleges for confirmation of the conditional letters of permission granted to them require a fresh consideration to obviate the possibility of any injustice in the process.”

The Court ordered the Central Government to reconsider the issue afresh, taking into account the reports from MCI, the Oversight Committee, and the Hearing Committee, and to provide the affected institutions with a proper opportunity of hearing.

Key Legal Observations

• Decisions affecting medical colleges must be based on a fair and transparent process, considering all relevant reports and recommendations.
• The Central Government must adhere to the principles of natural justice while making determinations regarding medical education.
• The Oversight Committee’s role as mandated by the Supreme Court must be given due consideration in decision-making.

Final Order

The Supreme Court directed the Central Government to reassess the permissions granted to the medical colleges within ten days and to ensure a fair hearing process.

Conclusion

This ruling underscores the importance of transparency and fairness in medical education regulation. It clarifies that the Central Government cannot disregard the recommendations of bodies like the Oversight Committee without proper justification and that medical colleges must be given a fair opportunity to present their case before facing severe penalties.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Glocal Medical Colle vs Union of India & Ano Supreme Court of India Judgment Dated 01-08-2017.pdf

Direct Downlaod Judgment: Direct downlaod this Judgment

See all petitions in Public Sector Employees
See all petitions in Legal Malpractice
See all petitions in Contempt Of Court cases
See all petitions in Judgment by Dipak Misra
See all petitions in Judgment by Amitava Roy
See all petitions in Judgment by A M Khanwilkar
See all petitions in Remanded
See all petitions in Remanded
See all petitions in supreme court of India judgments August 2017
See all petitions in 2017 judgments

See all posts in Civil Cases Category
See all allowed petitions in Civil Cases Category
See all Dismissed petitions in Civil Cases Category
See all partially allowed petitions in Civil Cases Category