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Melmaruvathur Adhiparasakthi Institute of Medical Sciences and Research v. Union of India

Writ Petition (Civil) · 2017 INSC 873Decided 8 Sept 2017
Writ Petition (Civil) No. 680 of 2017
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

The Union Government debarred this medical college from admitting MBBS students for 2017-18 and 2018-19 and authorised encashment of its Rs. 2-crore bank guarantee, based on an MCI assessment finding deficiencies in faculty attendance verification, resident staffing, bed occupancy and clinical activity. The college's writ petition had earlier led the Supreme Court to send the matter back for a reasoned order with a proper hearing; following that hearing, the Government passed a fresh order on 31 August 2017 simply reiterating its original debarment decision, which the college again challenged before the Supreme Court.

Decision Breakdown

The Court found the Government's fresh order legally unsustainable because the Hearing Committee's own report, which the Government had relied on, was itself inconclusive: it had recommended withholding renewal only "until physical re-verification of the corrections in deficiencies," without actually deciding whether the deficiencies were cured. The Government gave no independent reason for reiterating its debarment despite this uncertain recommendation and the college's fresh representation, so the Court set aside the 31 August 2017 order. However, since the underlying deficiencies were genuinely serious, the Court did not grant the college permission to admit students for 2017-18 (already lapsed); instead, following its own recent rulings in similar cases, it directed MCI to send an inspection team within three months, specify any remaining deficiencies, let the college rectify them, and have the Competent Authority take a final decision within a month of MCI's report, with any approval taking effect only from 2018-19, and the bank guarantee kept alive rather than encashed in the meantime.

Lesson Learnt

A regulator cannot reiterate a prior adverse decision by leaning on its own expert committee's report when that report is itself inconclusive and calls for further verification, doing so is treated as an unreasoned, legally unsustainable order, even though the underlying concerns may still justify withholding immediate relief.

Official source (sci.gov.in)View Judgment (PDF)

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