Denial of permission by the Board of Governors, which was functioning in supersession of the Medical Council of India (MCI), for a private college without assigning any reason is a clear violation of the Constitution, the Madras High Court has said.
When there is arbitrariness in the board’s action and when a decision has been taken without assigning any reason, it clearly offends Article 14. In such circumstances, the court is not denuded of its jurisdiction in issuing appropriate directions to meet the ends of justice.
A Division Bench, comprising Justices R. Banumathi and T.S. Sivagnanam made the observation while dismissing an appeal by the board challenging a single Judge’s order which went in favour of the private college.
The Tagore Medical College and Hospital, Vandalur here, challenged an MCI order of July 12 this year declining renewal of permission for the fourth batch of 150 MBBS students for 2013-14. After a surprise inspection of the college, the council submitted a report pointing out certain deficiencies. The council issued a show cause notice and the college submitted a compliance report in May this year. The council conducted another inspection. By an order of July 12 it declined renewal of permission for 2013-14.
The college filed a writ petition. On July 29, a single Judge held that the material available clearly showed that the institution had satisfied the MCI’s requirements and regulations. He directed the council to dispose of the college’s application for renewal of permission afresh in view of the findings recorded in the order. The MCI’s present appeal was against this order. It submitted that there were deficiencies which had not been rectified.
The Bench said a perusal of the board’s impugned resolution of July 9 showed that no specific reason had been assigned to show how the college was not entitled to renewal of permission. After the compliance report was submitted, the team of assessors had recorded its full satisfaction regarding compliance of the various parameters.
The Bench said it was unable to assess as to on what basis the MCI took a unanimous decision not to approve the application for renewal since no reasons had been assigned in the council’s resolution.
