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DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Annaii Medical College & Hospital – Appellant
Versus
Union of India – Respondent
JUDGMENT
A.M. KHANWILKAR, J.
1. The petitioners have assailed the decision dated 31st May, 2017 of the Under Secretary to the Government of India, Ministry of Health & Family Welfare (Department of Health & Family Welfare), declining to confirm the conditional Letter of Permission (for short, “LOP”) granted to the petitioners to establish a new medical college in the name and style of ‘Annaii Medical College & Hospital, Kancheepuram, Chennai’, from the academic session 2016-17 and debarring the college from admitting students for the next two academic sessions i.e. 2017-2018 and 2018-2019 and further authorising the Medical Council of India (for short, “MCI”) to encash the bank guarantee of Rs.2 crore offered by the petitioner college.
2. The petitioners had submitted an application for establishment of a new medical college from academic session 2016-17 onwards with intake capacity of 150 students. That proposal was processed and, pursuant to the directives issued by the Oversight Committee (for short, “OC”, constituted by this Court), the Ministry issued a conditional LOP for the academic session 2016-17, despite a negative report submitted by the MCI pointing out several deficie
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