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2012 DIGILAW 900 (SC)

MEDICAL COUNCIL OF INDIA v. CHINTPURNI MEDICAL COLLEGE AND HOSPITAL

2012-09-27

DIPAK MISRA, K.S.P.RADHAKRISHNAN

body2012
Order 1. We have heard the counsel on either side. We have gone through the judgment in appeal. We notice that the High Court has specifically directed Medical Council of India v. Chintapurni Medical College, LPA No. 1228 of 2012, decided on 10-9-2012 (P&H) the Medical Council of India (for short “the MCI”) to take a fresh decision after conducting an inspection by its team of assessors and it would operate only for the next academic session 2013-2014, a judgment rendered in line with the judgment of this Court in Priya Gupta v. State of Chhattisgarh (2012) 7 SCC 433 . 2. The High Court has held as follows: “We have given our thoughtful consideration to this submission and counter submission in the light of Priya Gupta v. State of Chhattisgarh (2012) 7 SCC 433 , but are not inclined to nor consider it possible to accept this argument which appears to us to be a misreading of the judgment. The schedule for receipt of applications for establishing a new medical college and processing of applications set out in para 22 of the judgment leaves no manner of doubt that renewal of permissions shall not be granted to a medical college if the above schedule for opening a medical college is not adhered to and admissions shall not be made without prior approval of the Board of Governors. In view of the above restrictions it may not be possible for us to issue any direction for the current academic session. We would, however, deem it fit to direct that the fresh decision to be taken by the appellant MCI after inspection by its team of assessors would operate for the next academic session 2013-2014 in the event of success of the inspection, with further right to further assessment in case it is otherwise.” Further, the High Court has also stated in the last paragraph of the judgment as follows: “We would, however, leave it to the appellant in case after inspection a case for renewal of permission is made out and if the deadlines of counselling and admission process so permit in the current academic year 2012-2013 to consider the case of the college accordingly. The matter would now go back to the learned Single Judge.” 3. The matter would now go back to the learned Single Judge.” 3. When we read the above directions of the High Court, we have no doubt in mind that the High Court has granted permission for starting the batch in the next academic session 2013-2014. 4. MCI has, however, challenged the judgment stating that the last paragraph of the judgment causes difficulty because there is no sufficient time for properly conducting the inspection. However, the learned Senior Counsel appearing for MCI stated that in obedience to the direction of the High Court the inspection was conducted on 19-9-2012 and the report of the Inspection Team was accepted by the Board of Governors on 21-9-2012. Under such circumstance, we find that there is no impediment in granting permission for the 2013-2014 batch. Appropriate admission orders, therefore, be passed within one month. 5. The special leave petition is disposed of.