VidhiSangh

Supreme Court of India · 03/07/2018

CHINTPURNI MEDICAL COLLEGE AND HOSPITAL & ANR.V. STATE OF PUNJAB & ORS. versus STATE OF PUNJAB & ORS.

[2018] 5 S.C.R. 147 · 2018 INSC 572

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Summary

The Supreme Court quashed Punjab’s withdrawal of Chintpurni Medical College’s Essentiality Certificate and invalidated added conditions permitting State inspections and withdrawal. The certificate addressed the justification for establishing a college; subsequent deficiencies were governed by the Indian Medical Council statutory scheme. Withdrawal remained possible for fraud, disappearance of the foundational circumstances or analogous reasons. The separate two-year admissions debarment was unaffected.

Issues

  1. Could Punjab withdraw an Essentiality Certificate because of deficiencies in an established medical college?
  2. Could conditions added to the prescribed certificate or Section 21 of the General Clauses Act supply inspection and withdrawal powers?

Provisions considered

Held

Result

Writ petition allowed; Punjab’s order dated 1 November 2017 withdrawing the Essentiality Certificate quashed. Conditions VII and XI of the certificate declared illegal; specified exceptional grounds for withdrawal preserved.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 147.