Writ Petition (Civil) Nos. 469/2014, 700/2014, 705/2014, 706/2014, 707/2014, 757/2014, 784/2014, 799/2014, 819/2014, SLP (C) Nos. 21765/2014, 22755/2014, 22756/2014, 22757/2014, 22758-22759/2014, 22785/2014, 22974/2014, 23476/2014, 23512/2014, 23547/2014, 23777/2014, 24150-24151/2014, 24154/2014, 24665/2014, 24686/2014, 24913/2014, 25763/2014.... Case: Hind Charitable Trust Shekhar Hospital Pvt. Ltd. Vs Union of India. Supreme Court (India)
| Case Number | Writ Petition (Civil) Nos. 469/2014, 700/2014, 705/2014, 706/2014, 707/2014, 757/2014, 784/2014, 799/2014, 819/2014, SLP (C) Nos. 21765/2014, 22755/2014, 22756/2014, 22757/2014, 22758-22759/2014, 22785/2014, 22974/2014, 23476/2014, 23512/2014, 23547/2014, 23777/2014, 24150-24151/2014, 24154/2014, 24665/2014, 24686/2014, 24913/2014, 25763/2014... |
| Judges | Anil R. Dave, Vikramajit Sen and Uday Umesh Lalit, JJ. |
| Issue | Medical Council of India Regulations; Constitution of India - Article 142 |
| Judgement Date | September 18, 2014 |
| Court | Supreme Court (India) |
Order:
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Heard the learned Senior Counsel appearing for both the sides.
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Looking at the peculiar facts and circumstances of the case and, especially, when several seats for medical admission are likely to remain vacant for the academic year 2014-15, we are of the view that these matters require urgent consideration and we are giving these interim directions under the provisions of Article 142 of the Constitution of India.
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There is one more reason for passing this interim order. We are conscious of the fact that number of physicians in our country is much less than what is required and because of non-renewal of recognition of several medical colleges, our citizens would be deprived of a good number of physicians and therefore, we are constrained to pass this order, whereby at least there would be some increase in the number of physicians after five years. We are running against time because the last date for giving admissions to MBBS Course for the academic year 2014-15 is 30th September, 2014.
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We also desire to reconsider the directions given by this Court in the judgment of Priya Gupta v. State of Chhattisgarh ((2012) 7 SCC 433), but at this juncture, as we do not have sufficient time to decide all these petitions finally, we are passing this interim order and the matter with regard to reconsideration of the aforestated judgment would be considered while finally disposing of this group of petitions.
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It has been submitted on behalf of the learned Senior Counsel appearing for all the Petitioners/Respondents, who are managing medical colleges, that the defects which had been recorded at the time of the last inspection by the representatives of the Medical Council of India have been duly rectified and at present, the defects pointed out in the reports do not exist. The said fact can be ascertained only by having a fresh Compliance Verification/Inspection. However, the stand taken by the Central Government and the Medical Council of India is to the effect that no such inspection can be undertaken in the present academic session because of paucity of time and it would violate the time schedule laid down by this Court in the case of Priya Gupta (supra).
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The learned Senior Counsel appearing for the Medical Council of India has also submitted that the Petitioners do not have any legal right for getting renewal of the recognition, especially in view of the fact that the Verification/Inspection Reports are not available for the period in...
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