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2017 (9) TMI 1826 - SC - Indian LawsDebarment of the petitioner college from admitting students in the MBBS course for the academic years 2017-18 and 2018-19 - opportunity of being heard not provided to the college - HELD THAT:- The approach of the Respondents is markedly incompatible with the essence and import of the proviso to Section 10A(4) mandating against disapproval by the Central Government of any scheme for establishment of a college except after giving the person or the college concerned a reasonable opportunity of being heard. Reasonable opportunity of hearing which is synonymous to 'fair hearing', it is not longer res integra, is an important ingredient of audi alteram partem Rule and embraces almost every facet of fair procedure. The Rule of 'fair hearing' requires that the affected party should be given an opportunity to meet the case against him effectively and the right to fair hearing takes within its fold a just decision supplemented by reasons and rationale. Reasonable opportunity of hearing or right to 'fair hearing' casts a steadfast and sacrosanct obligation on the adjudicator to ensure fairness in procedure and action, so much so that any remiss or dereliction in connection therewith would be at the pain of invalidation of the decision eventually taken. Every executive authority empowered to take an administrative action having the potential of visiting any person with civil consequences must take care to ensure that justice is not only done but also manifestly appears to have been done. The manner in which the Respondents, in the individual facts of the instant case, have approached the issue, leads to the inevitable conclusion that the materials on record do not support determinatively the allegation of deficiency in course of the process undertaken, as alleged. We are thus of the considered opinion that in view of the persistent defaults and shortcomings in the decision making process of the Respondents, the Petitioner college/institution ought not to be penalised. Having regard to the progression of events, the assertions made by the Petitioners in the representations countering the deficiencies alleged, the observations/views expressed by the Oversight Committee in its communication dated 14.05.2017 and the DGHS in the hearing held on 17.01.2017 negate the findings with regard to the deficiencies as recorded by the assessors of the MCI in the inspections held - the conditional LOP granted to the Petitioner college/institution on 12.09.2016 for the academic year 2016-17 deserves to be confirmed. The impugned order dated 10.8.2017 stands modified to this extent only - The direction for a writ, order or direction to the Respondents to permit the Petitioner college/institution to admit students for the academic year 2017-18, in the facts of the case, is declined.
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