IMPORTANT POINT
Decision taken in a mechanical manner and without application of mind cannot be sustained.

JUDGMENT

A.M. Khanwilkar, J.

The petitioner No.1 Dr. Jagat Narain Subharti Charitable Trust, Dehradun, made an application to the Ministry of Health & Family Welfare, Government of India for establishment of a new medical college at Dehradun in the name and style `Shridev Suman Subharti Medical College & Hospital, Dehradun' from the academic session 2016-17 onwards. That application was forwarded to Medical Council of India (for short "MCI") for evaluation and making recommendations to the Ministry under Section 10A of the Indian Medical Council Act, 1956 (for short "1956 Act"). The Executive Committee of MCI considered the proposal pertaining to the aforementioned new medical college in its meeting convened on 27.02.2016. It was noted that the land on which the new college was proposed to be made was not entered in the name of Dr. Jagat Narain Subharti Charitable Trust. Several litigations were pending regarding the title and ownership of the said land. As a result, the Executive Committee of MCI opined that the Trust had failed to fulfill the qualifying criteria regarding the land, as prescribed by the Medical College Regulations, 1999 (for short "1999 Regulations"). Accordingly, MCI submitted its negative recommendation to the Central Government vide letter dated 01.03.2016 relating to issuance of letter of permission for establishment of a new medical college from the academic session 2016-17. The matter then proceeded before the Ministry of Health & Family Welfare, Government of India under Section 10A (4) of the 1956 Act and after affording opportunity of hearing to the college before the Hearing Committee on 06.05.2016, the proposal was sent back to MCI for review. The Executive Committee of MCI, in its meeting held on 13.05.2016, reiterated its earlier decision of disapproval of the scheme for the academic session 2016-17 and submitted negative recommendation to the Central Government recommending disapproval of the scheme under Section 10A of the 1956 Act. Acting upon the said recommendation, the Ministry of Health & Family Welfare, Government of India disapproved the proposal for establishment of a new medical college for the academic session 2016-17 vide letter dated 08.06.2016. Notwithstanding the decision of the Ministry, the Oversight Committee (for short "OC"), constituted by this Court, issued directives to obtain fresh compliance from the college vide letter dated 21.06.2016. Pursuant thereto, the MCI, after examining the matter, returned the proposal citing various reasons, consequent to which the Ministry submitted its response to the OC. The OC vide letter dated 25.09.2016, however, favoured the approval of the scheme for establishment of the proposed medical college at Dehradun with annual intake of 150 seats for the academic session 2016-17, on certain conditions. In view of the approval granted by the OC, the Central Government issued a formal letter of permission on 26.09.2016 in favour of petitioner No.1 for establishment of a new medical college at Dehradun for the academic session 2016-17, with conditions as enumerated by the OC.

2. Thereafter, an assessment with regard to verification of compliance submitted by the college was conducted by the MCI on 26/27.10.2016 and after considering the report, the Executive Committee of MCI, in its meeting held on 13.01.2017, noted certain deficiencies. The MCI, vide letter dated 15.01.2017, submitted its recommendation to the Central Government to revoke the letter of permission. After receipt of the said recommendation, personal hearing was given to the college on 17.01.2017, by Director General of Health Services (for short "DGHS"). The Hearing Committee noted as follows: