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Supreme Court of India 2017-09-08 partly_allowed

Hamdard Institute of Medical Sciences and Research (HIMSR) & Anr vs Union of India and Ors

Bench: 3 — A.M. Khanwilkar

In Brief

A medical college sought renewal of permission for a 5th batch of MBBS students (100 seats). After inspections revealed deficiencies in faculty, residents, and bed occupancy, the Ministry denied permission and authorized encashment of a Rs. 2 crore bank guarantee. The Supreme Court found that while faculty and resident deficiencies were insignificant, bed occupancy deficiency (66.38%) was significant but required physical verification. The Court set aside the Ministry's mechanical order and directed the MCI to re-inspect within three months. Upon verification and compliance, the college's position will be reassessed and a reasoned final decision issued within one month. The bank guarantee was kept alive pending final outcome.

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