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SUPREME COURT OF INDIA
Dipak Misra, CJI., A.M. Khanwilkar, D.Y. Chandrachud, JJ.
World College of Medical Sciences & Research and Hospital & Anr. - Petitioners
Versus
Union of India and Anr. - Respondents
Writ Petition (Civil) No. 514 of 2017
Decided On : 05-09-2017
2017 (8) SCALE 356; Writ Petition (C) No. 445 of 2017; Writ Petition (C) No. 448 of 2017 – Relied upon
(b) Establishment of Medical College Regulations, 1999 – Clause 8(3)(1)(d) – Diwali on 29th October – Head count conducted on 26th October – No impropriety. (Para 13)
Facts of the case:
The competent authority debarred the petitioner medical college from admitting students in the MBBS course for the academic sessions 2017-18 and 2018-19 and authorised the respondent No.2 Medical Council of India to encash the bank guarantee of Rs.2 crore offered by the petitioners.
Finding of the court:
Students already admitted may be permitted to continue their studies, but renewal for 2017-18 cannot be granted.
Result: Posted for 10 weeks hence.
JUDGMENT :
A.M. Khanwilkar, J.
1. The petitioners have filed this writ petition for issuance of a writ of mandamus or any other appropriate writ, for quashing the order passed by respondent No.1 dated 31st May, 2017, debarring the petitioner medical college from admitting students in the MBBS course for the academic sessions 2017-18 and 2018-19 and authorising the respondent No.2 Medical Council of India (for short “MCI”) to encash the bank guarantee of Rs.2 crore offered by the petitioners and further, to direct the respondents to grant renewal of permission to the petitioner medical college for the academic session 2017-18 and permit the college to admit students for the current year.
2. One Amma Chandravati Educational and Charitable Trust, New Delhi had applied to respondent No.1, Ministry of Health & Family Welfare, Government of India (for short “MHFW”) for permission to establish a medical college at Jhajjar, Haryana in the name and style of ‘World College of Medical Sciences & Research, Jhajjar’ from the academic session 2016-17 onwards. In light of the opinion of the Oversight Committee (for short “OC”) appointed by this Court, the MHFW vide letter/order dated 20th August, 2016, issued a Letter of Permission to the petitioners to establish the medical college, for the academic session 2016-17, subject to certain conditions, including submission of a bank guarantee of Rs.2 crore and inspection to be carried out by the OC for verification of compliance.
3. Thereafter, MCI conducted an assessment on 26th-27th October, 2016 with regard to verification of the conditions stipulated in the Letter of Permission issued on 20th August, 2016 and after considering this assessment report, the Executive Committee of the MCI, in its meeting held on 22nd December, 2016, noted certain deficiencies in the petitioner college. The MCI, vide letter dated 26th December, 2016, submitted its recommendation to the Central Government that the petitioner college should be debarred from admitting students for two academic sessions i.e. 2017-18 & 2018-19 and that the bank guarantee furnished by the petitioners ought to be encashed. After receipt of the said recommendation, the Director General of Health Services (for short “DGHS”) gave a personal hearing to the petitioners on 17th January, 2017 and then submitted its report to the Competent Authority. The relevant portion of the report reads thus:
“12. Whereas the Ministry decided to grant a personal hearing to the College on 17.01.2017 by the DGHS. The Hearing Committee after considering the oral and written submission of the College, submitted its report to the Ministry. In its report, the Hearing Committee remarked as under:
| Sl. No. | Deficiencies reported by MCI | Remarks of hearing committee |
| i. | Deficiency of faculty is 29.23% as detailed in the report | No satisfactory reply |
| ii. | Shortage of Residents is 28.26% as detailed in the report. | No satisfactory reply |
| iii. | Bed Occupancy is 34% on day of assessment. | No satisfactory reply |
| iv. | There was NIL Normal Delivery & NIL Caesarean Section on day of assessment. There was NIL woman in Labour Room. | No satisfactory reply |
| v. | ICUs:- There was NIL patient in ICCU & MICU, only 1 in NICU/PICU and only 2 in SICU on day of assessment. | - |
| vi. | Central Library: It is partially air-conditioned. There is no separation of Students’ Reading Room (Outside) & Students’ Reading room (Inside). | To be verified in medical college |
| vii. | Anatomy department: There are only 65 mounted specimens. | To be verified in medical college” |
4. The Competent Authority forwarded the said report to the OC for guidance, which then conveyed its opinion to the MHFW vide letter dated 14th May, 2017, as follows:
“(i) Faculty:-The College has explained the grounds on which the assessors had not accepted the 4 faculty mem
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