SUKH SAGAR MEDICAL COLLEGE AND HOSPITAL Vs. STATE OF MADHYA PRADESH
LAWS(SC)-2020-7-18
SUPREME COURT OF INDIA
Decided on July 31,2020

Sukh Sagar Medical College And Hospital Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents




JUDGEMENT

A.M.KHANWILKAR, J. - (1.)Leave granted.
(2.)The seminal question in this appeal is: whether the State Government had unjustly revoked the Essentiality Certificate granted to Gyanjeet Sewa Mission Trust[1] for establishing a medical college at Jabalpur in the State of Madhya Pradesh, being contrary to the decision of a two-Judge Bench of this Court in Chintpurni Medical College and Hospital and Anr. vs. State of Punjab and Ors., (2018) 15 SCC 1?
[1] For short, "the appellant-Trust" or "the appellant-College"

(3.)Shorn of unnecessary details, the Government of Madhya Pradesh, on an application made by the appellant-Trust, issued the stated Essentiality Certificate as prescribed in Form-2 appended to the Medical Council of India Establishment of Medical College Regulations, 1999[2]. The same reads thus:-
"Government of Madhya Pradesh

Medical Education Department, Bhopal

F.No. F-5-56/2014/1/55 Date: 27.08.2014

To,

The Chairman,

GhyanjeetSewa Mission Trust,

SukhSagar Medical College and Hospital Jabalpur

Jabalpur

Sir,

The desired certificate is as follows:-

JUDGEMENT_18_LAWS(SC)7_2020.html

The Ghyanjeet Sewa Mission Trust, has applied for establishment of a new Medical College at Jabalpur. On careful consideration of the proposal, the Government of Madhya Pradesh has decided to issue an essentiality certificate to the [sic] applicant for the establishment of a Sukh Sagar Medical College and Hospital Jabalpur with 150 seats in MBBS Programme under following conditions: -

1. Institute will fulfil the norms of MCI before inspection of Medical Council of India.

2. Institute will appoint the staff as per norms of MCI.

3. Government will neither bear any financial burden nor provide grant to the institute.

4. Institute will follow all the rules/conditions of MCI and State/Central Government.

5. Institute will admit the student only after written permission from Central Government, MCI and State Government.

6. Institute will admit the students by adopting transparent procedure as decided by admission and fee regulatory committee appointed by the State Government.

7. Institute will charge the fee as decided by the State Government (admission and fee regulatory committee). No other fee will be admissible.

It is certified that: -

i. The applicant owns and manages a 300 bedded hospital.

j. It is desirable to establish a Medical College in the public interest.

k. Adequate clinical material as per the Medical Council of India norms is available.

It is further certified that in case the applicant fails to create infrastructure for the medical college as per MCI norms and admissions are stopped by the Central Government, the State Government shall take over the responsibility of the students already admitted in the college with the permission of the Central Government.

By order in the name of Governor of Madhya Pradesh.

Sd/-

27.08.2014

(Sanjeev Shrivastava)

Deputy Secretary

Govt. of Madhya Pradesh

Medical Education Deptt.

Dated /08/2014"

(emphasis supplied)

[2] For short, "the 1999 Regulations"

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