Amma Chandravati Edu... v. Union Of India And A..., Supreme Court Of India, Judgment, Law, casemine.com

Citation Codes

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Case Number

Writ Petition (C) No. 408 of 2017, MA 9/2017, Civil Appeal No. 4060/2009, (IA No. 92/2016)

Judges

R.K Agrawal
D.Y Chandrachud
S. Abdul Nazeer, JJ.
R.K Agrawal
D.Y Chandrachud
S. Abdul Nazeer, JJ.

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Smart Summary

Factual and Procedural Background

The writ proceedings arose after the expiry of the term of an earlier Oversight Committee that had been supervising the Medical Council of India (MCI). During the hearing of Writ Petition (Civil) No. 408/2017, Miscellaneous Application No. 9/2017 in Civil Appeal No. 4060/2009, and related matters, the Union of India—through the learned Solicitor General—sought directions for the constitution of a fresh Oversight Committee. Five eminent doctors were proposed to constitute the new Committee, and the Court was requested to approve the list and clarify the Committee’s functions.

Legal Issues Presented

Whether the Supreme Court should approve the Union of India’s proposed re-constitution of an Oversight Committee to supervise the functioning of the Medical Council of India.
What scope of authority and duration should be prescribed for the newly constituted Oversight Committee.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court recorded that the Union of India, through the Solicitor General, had obtained instructions and furnished the names of five eminent medical professionals to serve on the Oversight Committee. Accepting the proposal, the Court:

Granted liberty to the Union of India to designate any one of the nominated members as Chairperson and to substitute members if necessary.
Enumerated the Committee’s functions: (a) overseeing the functioning of the MCI; (b) vetting all decisions/recommendations of the MCI prior to their communication to the Central Government; (c) issuing remedial directions to improve the MCI’s functioning; and (d) continuing to function until the Government establishes another mechanism or until further orders.
Clarified that the Committee’s role is supervisory; ultimate decisions on matters requiring Government determination remain with the Central Government, which must record reasons if it departs from the view taken by the MCI and the Oversight Committee.
Left open the right of any aggrieved party to challenge such Government decisions in accordance with law.

Holding and Implications

DISPOSED OF – Writ Petition (Civil) No. 408/2017 and Miscellaneous Application No. 9/2017 in Civil Appeal No. 4060/2009 were disposed of in terms of the signed order; W.P. (C) No. 480/2017 was tagged with W.P. (C) No. 520/2017.

Implications: The new Oversight Committee comprising the five named doctors commences work immediately, exercising supervisory authority over the MCI until the Government installs an alternative mechanism or the Court issues further orders. The decision affects only the administration of medical education regulation and sets no broader judicial precedent.

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Amma Chandravati Educational And Charitable Trust And Others Petitioners v. Union Of India And Another S

1. Mr. Ranjit Kumar, learned Solicitor General of India, having obtained instructions, has handed over to us the names of five eminent doctors to constitute an Oversight Committee, consequent upon the expiry of the term of the erstwhile Oversight Committee. The names for the Oversight Committee, as suggested, are as under:

1. Dr. V.K Paul, Professor & Head, Paediatrics, AIIMS, New Delhi

2. Dr. Randeep Guleria, Director, AIIMS, New Delhi

3. Dr. Jagat Ram, Director, PGIMER, Chandigarh

4. Dr. BN Gangadharan, Director, NIMHANS, Bengaluru

5. Dr. Nikhil Tandon, Professor & Head, Endocrinology, AIIMS, New Delhi.

2. It is submitted, that the Oversight Committee shall commence its functions forthwith, and that liberty be granted to the Union of India to seek substitution of the names in the Oversight Committee, if the occasion so arises.

3. We accept the proposal made to this Court by Mr. Ranjit Kumar, learned Solicitor General of India on behalf of the Union of India. We grant liberty to the Union of India to nominate one of the members of the reconstituted Oversight Committee, as its Chairperson. We would like to record the functions, which are assigned to the Oversight Committee, which included the following:

a) the Oversight Committee will have the authority to oversee the functioning of Medical Council of India.

b) all decisions/recommendations of the MCI will require approval of the Oversight Committee before they are communicated to the Central Government.

c) the Oversight Committee will be free to issue appropriate remedial directions for improvement in the functioning of MCI.

d) the Oversight Committee will function till the Central Government puts in place any other appropriate mechanism, or until further orders.

4. The aforesaid functions are clearly limited to oversee the activities of the Medical Council of India. The decision in all matters required to be determined by the Government of India, shall be that of the Government of India, which shall record reasons for taking a view different to the one proposed by the Medical Council of India, in conjunction with the Oversight Committee. It shall also be open to the aggrieved party, if it is so advised, to assail the same, in accordance with law.

5. Disposed of in the aforesaid terms.

SUPREME COURT OF INDIA

RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 408/2017

Amma Chandravati Educational and Charitable Trust & Ors.….Petitioner(s)

v.

Union of India & Anr.….Respondent(s)

(FOR CLARIFICATION/DIRECTION ON IA 46328/2017, alongwith paperbook of C.A No. 4060/2009 and IA No. 54299/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS)

MA 9/2017 in C.A No. 4060/2009 (IV-A)

(FOR INTERVENTION/IMPLEADMENT ON IA 46797/2017 FOR INTERVENTION/IMPLEADMENT ON IA 46801/2017)

W.P(C) No. 480/2017 (X)

Date : 18-07-2017 These matters were called on for hearing today.

(Before Jagdish Singh Khehar, C.J and J. Chelameswar, R.K Agrawal, D.Y Chandrachud and S. Abdul Nazeer, JJ.)

For Petitioner(s) Mr. Kapil Sibal, Sr. Adv.

Mr. A. Sharan, Sr. Adv.

Mr. Gopal Sankarnarayan, Adv.

Mr. Amit Kumar, AOR

Mr. Avijit Mani Tripathi, Adv.

Mr. Atul Kumar, Adv.

Mr. Shaurya Sahay, Adv.

Mr. A. Ramesh, Adv.

Mr. Videsha Kumar, Adv.

Ms. Rekha Bakshi, Adv.

Mr. Saket Sikri, Adv.

Ms. Ranjeeta Rohatgi, AOR

Mr. Viklap Mudgal, Adv.

Ms. Samten Doma, Adv.

Ms. Christi Jain, AOR

For Respondent(s) Mr. Ranjeet Kumar, SG

Mr. Maninder Singh, ASG

Ms. Vimla Sinha, Adv.

Mr. R. Bala, Adv.

Mr. R.K Rathore, Adv.

Mr. Vibhu Shanker Mishra, Adv.

Mr. Ritin Rai, Adv.

Mr. Gurmeet Singh Makker, AOR

Mr. Vikas Singh, Sr. Adv.

Mr. Gaurav Sharma, AOR

Ms. Amandeep Kaur, Adv.

Mr. Prateek Bhatia, Adv.

Mr. Dhawal Mohan, Adv.

Ms. Vara Gaur, Adv.

Ms. Vriti Jindal, Adv.

Ms. Deepika Kalia, Adv.

Ms. Pragati Neekhra, Adv.

Mr. Suryanarayana Singh, Adv.

Mr. Amalpushp Shroti, Adv.

UPON hearing the counsel the Court made the following

6. Writ Petition(C) No. 408/2017 and MA 9/2017 in Civil Appeal No. 4060/2009 (IA No. 92/2016) are disposed of, in terms of the signed order.

7. Writ Petition(C) No. 480/2017 is ordered to be tagged with Writ Petition(C) No. 520 of 2017.

Amma Chandravati Edu... v. Union Of India And A...