VidhiSangh

Supreme Court of India · 31/07/2020

SUKH SAGAR MEDICAL COLLEGE & HOSPITAL versus STATE OF MADHYA PRADESH & ORS.

[2020] 11 S.C.R. 397 · 2020 INSC 474

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Summary

Withdrawal of the medical college’s essentiality certificate was upheld because persistent gross deficiencies and failure to secure renewals had defeated its foundational purpose. The first batch could not complete its course there and had to be reallocated. Although issuance was quasi-judicial and not generally revocable under the General Clauses Act, exceptional grounds including constructive fraud and disappearance of the substratum applied. The college retained liberty to cure deficiencies and apply afresh.

Issues

  1. Whether the State could withdraw an essentiality certificate despite the limits recognised in Chintpurni Medical College.
  2. Whether the college’s prolonged non-functioning justified exceptional withdrawal.

Provisions considered

Held

Result

Appeal dismissed; withdrawal of the essentiality certificate upheld, with liberty to cure deficiencies and apply afresh and challenge any fresh refusal according to law. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 11 S.C.R. 397.