Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-08-30 allowed

Kanachur Islamic Education Trust (R) vs Union of India and Another

Bench: 3 — Amitava Roy

In Brief

Kanachur Institute of Medical Sciences sought to challenge a debarment order preventing it from admitting MBBS students for 2017-18 and 2018-19. The Court held that the Central Government's decision violated the requirement of reasonable opportunity of hearing under Section 10A(4) of the Indian Medical Council Act, 1956. Although a first inspection showed minimal deficiencies, a second inspection within three weeks revealed higher deficiencies. The Court found the Central Government failed to fairly consider the college's representations, the Oversight Committee's recommendations, or the DGHS observations despite an explicit court directive to do so. The Court confirmed the Letter of Permission for 2016-17 and granted it for 2017-18, holding that procedural fairness and substantive scrutiny of evidence must accompany administrative action with civil consequences.

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Medical Education Law Administrative Law Natural Justice Constitutional Law Regulatory Compliance Minority Education Rights Institutional Autonomy Procedural Fairness

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