Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-09-01 partly_allowed

Krishna Mohan Medical College and Hospital & Anr vs Union of India and Another

Bench: 3 — Amitava Roy

In Brief

Krishna Mohan Medical College challenged the Union of India's order debarring it from admitting MBBS students for 2017-18 and 2018-19 and authorizing encashment of a bank guarantee. The Supreme Court held that the Central Government's reconsideration order was procedurally unfair. Despite a court remand directing fresh consideration of all materials and views of the MCI, Hearing Committee, DGHS, and Oversight Committee, the Government failed to conduct a dispassionate analysis. The alleged deficiencies in faculty and residents were controverted by the college and endorsed by the Oversight Committee; successive inspections within three weeks lacked bona fide justification. The Court confirmed the college's Letter of Permission but declined immediate admission for 2017-18, pending a fresh inspection for 2018-19.

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Medical Education Administrative Law Procedural Fairness Audi Alteram Partem Judicial Review Medical Regulation

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