(Jagdish Singh Khehar, C.J. and J. Chelameswar, R.K. Agrawal, D.Y. Chandrachud and S. Abdul Nazeer, JJ.)
Amma Chandravati Educational And Charitable Trust and others _______________________________________ Petitioner(s)
v.
Union of India and Another _______________________ Respondent(s)
Writ Petition (C) No. 408 of 2017, decided on July 18, 2017
With
MA 9/2017 in Civil Appeal No. 4060/2009
(IA No. 92/2016)
The Order of the court was delivered by
Order
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.
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)
WITH
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
Order
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.
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