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Supreme Court of India 2018-07-03

Chintpurni Medical College and Hospital & Anr vs State of Punjab & Ors

Bench: 2 — S.A. Bobde

In Brief

Chintpurni Medical College challenged the State of Punjab's withdrawal of its Essentiality Certificate—a required document for establishing medical colleges—after the college was found to have persistent deficiencies in MCI inspections. The Supreme Court held that once an Essentiality Certificate is issued and a college is established and functioning, the State cannot withdraw it merely due to operational deficiencies. The Court ruled that issuing the certificate is a quasi-judicial function, not subject to withdrawal under the General Clauses Act. The State can only withdraw the certificate in cases of fraud or if the foundational conditions entirely disappear. The Court quashed the withdrawal order and declared the condition reserving withdrawal powers as ultra-vires the IMC Act and Regulations."

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Medical Education Constitutional Law Administrative Law Quasi-Judicial Power Ultra Vires Delegation of Power

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