Supreme Court: In the case where the Government of India order, by which the colleges/institutions have been directed not to admit students in the MBBS Course in the academic years 2017-18 and 2018-19, the 3-judge bench of Dipak Misra, Amitava Roy and A.M. Khanwilkar, JJ said that a reasonable opportunity of hearing contained in the proviso to Section 10A(4) of Medical Council Act, 1956 is an indispensable pre-condition for disapproval by the Central Government of any scheme for establishment of a medical college and hence the Central Government should consider afresh the materials on record pertaining to the issue of confirmation or otherwise of the letter of permission granted to the petitioner colleges/institutions.
The Court further said that the Supreme Court Mandated Oversight Committee is empowered to oversee all statutory functions under the Act, and further all policy decisions of the MCI would require its approval and that its recommendations, to state the least, on the issue of establishment of a medical college, can by no means be disregarded or left out of consideration. The Court clarified that the Oversight Committee is also empowered the Oversight Committee to issue appropriate remedial directions.
The order that was challenged was the order dated 31.05.2017 of the Government of India, Ministry of Health and Family Welfare (Department of Health and Family Welfare) whereby the conditional permission for the establishment of the medical colleges for the academic year 2016-17, granted on the basis of the approval of the Supreme Court Mandated Oversight Committee had been cancelled and the colleges have been debarred from admitting students in the next two academic years i.e. 2017-18 and 2018-19.
Asking the Central Government to re-evaluate the recommendations/views of the MCI, Hearing Committee, DGHS and the Oversight Committee, as available on records, the Court directed that the process of hearing and final reasoned decision should be completed within 10 days. The matter will next be taken up on 24.08.2017. [Glocal Medical College and Super Speciality Hospital & Research Centre v. UOI, 2017 SCC OnLine SC 846, order dated 01.08.2017]
