JUDGMENT

A.M. KHANWILKAR, J.

1. The petitioners made an application to the Ministry of Health and Family Welfare, Government of India for establishment of a new medical college at Murukambattu Village, Chittoor, Andhra Pradesh, in the name and style of ‘Apollo Institute of Medical Sciences & Research’ for the academic session 2016-17. The Ministry forwarded the application to the Medical Council of India (for short “MCI”) for evaluation and for making recommendations to the Ministry under Section 10A of the Indian Medical Council Act, 1956, (for short “1956 Act”) for the academic session 2016-17. MCI submitted an assessment report after which the respondent No.1 Central Government declined to issue a letter of permission to the petitioners’ college. An opportunity of hearing was accorded to the petitioners’ college under Section 10A (4) of the 1956 Act on 24.02.2016 and the case was referred back to MCI for review. MCI, in turn, returned the application with a negative recommendation. Consequent thereto, the Ministry, upon accepting the recommendation of MCI, disapproved the application submitted by the petitioners for establishment of a new medical college for the academic sessio