Summary
The Court set aside renewed refusal of medical-college permission because the three stated grounds—staffing and clinical deficiencies, land ownership and absence of Form 5—were unsustainable on the record. It permitted up to 150 MBBS admissions for 2017–2018 through central counselling by merit and extended the college’s deadline to 5 September 2017 under Article 142. Future inspection and lawful deficiency action were preserved.
Issues
- Whether the authority properly assessed explanations, land records and the Form 5 requirement.
- Whether the case justified admissions relief beyond the usual cutoff.
Held
- The Oversight Committee had accepted the staffing and clinical explanations, including the festival context. The reconsidering authority neither rejected those explanations with reasons nor found the committee’s view incorrect, so those deficiencies could not sustain its decision. (¶ 9)
- The Hearing Committee prima facie accepted ownership of 20 acres, and a revenue decision recording ownership was placed before the Government but not analysed. The Supreme Court did not adjudicate the correctness of that revenue decision. (¶ 10)
- The operative application predated introduction of Form 5. In any event, the District Magistrate’s ownership communication supplied the required particulars, amounting to substantial compliance even assuming the later form requirement applied. Mere absence of that form could not justify refusal here. (¶ 11)
- The cryptic reconsideration failed the earlier mandate to analyse the record and give reasons. Since none of the three stated factors survived scrutiny and the college was already functioning under prior permission, up to 150 admissions were allowed by 5 September 2017 using Article 142 in the peculiar circumstances. (¶¶ 12–13, 16–17)
- Students were to be allotted through central counselling in merit order. MCI and the competent authority remained free to inspect and proceed according to law on deficiencies after giving opportunity. (¶¶ 14, 16–17)
Result
Writ petitions and applications allowed; decision of 14 August 2017 quashed and up to 150 merit-based 2017–2018 admissions permitted through central counselling by 5 September 2017; no costs.