SC quashes order to debar Mangaluru-based college from taking MBBS admission

31-08-2017
DH

A three-judge bench presided over by Chief Justice Dipak Misra noted that despite the court’s direction on August one, the hearing committee of the central government did not undertake “a dispassionate, objective, cautious and rational analysis of the materials on record”. 

The committee had reiterated its stand on August 10 to debar Kanachur Institute of Medical Sciences and Research Centre at Deralakatte, Mangaluru and the direction to the Medical Council of India to encash bank guarantee of Rs two crore. 

“In our view, (the committee) returned wholly casual findings against the petitioner’s college/institution,” the bench, also comprising Justices Amitava Roy and A M Khanwilkar, said.

The 30-page judgement, authored by Justice Roy, stated that every executive authority empowered to take an administrative action having the potential of visiting any person with civil consequences must take care to ensure that justice is not only done but also manifestly appears to have been done by giving a fair hearing.

The hearing committee’s observation that the college has not explained the deficiency of faculty is belied by its representations and also the observations amongst others of the Oversight Committee headed by former CJI Justice R M Lodha, the court said. 

“In view of the persistent defaults and shortcomings in the decision making process, the college/institution ought not to be penalised,” the bench concluded. 

The college claimed despite being a recognized minority educational institution, the inspection conducted on it by the MCI on December 9-10, 2016, just one working day before the festival of Milad-un-Nabi was “clearly impermissible in law and displayed bias and a predetermined mind”.

The court decided to extend further the permission granted to the college on September 12, 2016 for admission of 150 candidates for MBBS course for academic year 2017-18. The counselling time for the college was also extended till September 7.

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