Lawstreet Journal

Supreme Court: State Can Rescind 'Essentiality Certificate' Permitted to Medical College On The Ground Of 'Gross Deficiencies' [READ JUDGEMENT]

Lawstreet Journal 3 Aug 2020 10:23pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court: State Can Rescind 'Essentiality Certificate' Permitted to Medical College On The Ground Of 'Gross Deficiencies' [READ JUDGEMENT]

The Supreme Court recently held in a judgment that the State Government is empowered to rescind the 'Essentiality Certificate' once permitted for initiating a new medical college on the ground of 'gross deficiency'. 

“It would not be in the public interest nor appropriate for the State Government to remain a mute spectator and not move into action when the college miserably fails to translate the spirit behind the Essentiality Certificate within a reasonable time,” stated the bench consisting of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna. 

With reference to the particular instance, the Madhya Pradesh Government repealed the Essentiality Certificate provided to Gyanjeet Sewa Mission Trust for starting a medical college in Jabalpur. This was disputed before the Madhya Pradesh High Court which backed the Government's order noting that it has given consideration to the fraud done by the college in seeking the Essentiality Certificate, the incompetency of the trust to furnish the minimum benchmarks of infrastructure and other facilities as provided by the Medical Council of India (MCI) for running of a medical college along with total loss of substratum and larger public interest, as reasons for cancellation of Essentiality Certificate. 

The primary argument of the college was that the State Government does not have the jurisdiction to revoke the Essentiality Certificate on the basis of Deficient Functioning of a college. Giving justification to the same, the college contended on the basis of a Supreme Court judgment entitled Chintpurni Medical College and Hospital v State of Punjab. 

Analyzing the aforementioned judgment, the… Continue Reading...

Tagged: Supreme Court of India   Medical College  
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