Sat. Sep 19th, 2020

Malla Reddy Institute Of Medical … vs Union Of India And Anr on 29 September, 2015

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MS. G. ROHINI, CHIEF JUSTICE:
1. Whether an opportunity to rectify the defects/deficiencies specified by
the Medical Council of India need be provided to the applicant under
Section 10-A(3) and/or 10-A(4) of the Indian Medical Council Act, 1956
(for short „the Medical Council Act‟) in cases which fall within the ambit of
the provisos (a) to (d) to Regulation 8(3)(1) of the Establishment of Medical
College Regulations, 1999 (for short „the Regulations‟) is the issue that falls
for consideration by us.
Reference to the Full Bench:
2. W.P.(C) No.5041/2015 titled Shree Chhatrapati Shivaji Education
Society & Anr. v. Union of India & Anr. was filed by a Medical College
whose request for grant of permission for third renewal for the Academic
Year 2015-16 was rejected by the Central Government on the basis of the
recommendation of the Medical Council of India by letter dated 11.05.2015
recommending not to renew the permission for the said College. The
admitted facts were that the Medical College was inspected on 14th and 15th
November, 2014 and on consideration of the deficiencies noted, MCI having
decided to apply the proviso (b) to Regulation 8(3)(1) of the Establishment
of the Medical College Regulations recommended to the Central
Government by letter dated 22.12.2014 not to renew the permission for the
Academic Year 2015-16. The Central Government while communicating
the said decision of the MCI to the petitioner Medical College granted an
opportunity of hearing in terms of the proviso to Section 10-A of the
Medical Council Act. In the hearing, the petitioner reported compliance of

the deficiencies pointed out by MCI and therefore the Central Government
by letter dated 17.04.2015 asked the MCI to review the compliance reported
by the petitioner College and furnish its recommendation. However, by
letter dated 11.05.2015, the MCI reiterated its earlier recommendation not to
renew the permission stating that in view of the proviso (b) to Regulation
8(3)(1) of the Regulations, there is no provision to grant any opportunity for
rectification of substantial deficiencies found in the earlier inspection.
Aggrieved by the same, the Medical College approached this Court by
challenging the proviso (b) to Regulation 8(3)(1). The petitioner therein
also prayed to set aside the recommendation of MCI dated 11.05.2015. The
said writ petition was dismissed by a Division Bench to which one of us
(Chief Justice) is a member by order dated 28.05.2015 holding:

Source: Indian Kanoon

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