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The Supreme Court ruled that the fixing of minimum standards for inspecting medical colleges is not illegal and not in violation of Section 10-A of the Indian Medical Council Act, 1956. The Court came to this decision in Medical Council of India vs. Vedantaa Institute of Academic Excellence Pvt. Ltd.
In the present case, Vedantaa Institute had filed a writ petition in the High Court to direct the Union of India for a renewal of permission. The Medical Council of India was directed to inspect the Institute against which the Council filed an appeal in the Apex Court. The Council had found several deficiencies in the Institutes, but the HC granted the renewal stating that the Assessors were not fair. The appellants contended that Regulation 8(3)(1) and the subsequent proviso permitted the Council to deny the Institutes renewal because of the various deficiencies, and that the inspection was done in accordance with the Assessors’ Guide. The Respondent Institutes argued that the Regulation 8(3)(1) did not hold in the face of Section 10-A of the Indian Medical Council Act, 1956. They contended that the High Court was correct in holding that Regulation 8(3)(1)(a) directs the Council to grant them the renewal. Dismissing this order by the High Court, the Bench, comprising of Justices Nageswara Rao and Mohan Shanatanagoudar stated that the view of the HC was ‘patently erroneous’. The lower court had failed to consider the proviso attached to the Regulation, and that while a chance was to be given to colleges for rectifying the deficiencies, fixing minimum standards for a fresh inspection of any medical college was reasonable and not ultravires of Section 10-A. The Court stated that the Institutes were not entitled to claim a fresh inspection as the assessment was fair and adequate.
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