IMPORTANT POINTS
A medical institution has always to remain compliant, more so in case of renewal.
Surprise inspection is permissible for ensuring continuing compliance

JUDGMENT

Dipak Misra, CJI.

In this Writ Petition preferred under Article 32 of the Constitution of India, the petitioner No. 1-Indian Centre for Advancement of Research and Education, Haldia (ICARE), a society registered under the Societies Registration Act, 1961 through its Secretary, and the petitioner No. 2-ICARE Institute of Medical Sciences and Research and Dr. Bidhan Chandra Roy Hospital, Haldia situated in West Bengal through its Principal have prayed for issue of a writ of certiorari for quashment of the order dated 31.05.2017 passed by the competent authority of the Government of India, Ministry of Health and Family Welfare and further to issue writ of mandamus or directing the respondents to grant recognition under Section 11(2) of the Indian Medical Council Act, 1956 (for brevity, 'the Act') approval to the petitioner No. 2 College and recognition to the MBBS degree to be awarded by the West Bengal University of Health Sciences, Kolkata in respect of the students who have completed their courses at petitioner No. 2 College.

2. The facts which are essential for the purpose of adjudication of the controversy are that the petitioner No. 2 College was established in 2011 and it has been imparting education in MBBS courses since the academic year 2011- 2012 and has been granted renewal permission for all subsequent years up to 2016-2017. For the purpose of grant of renewal of permission under Section 10-A of the Act, a surprise assessment was carried out by the assessors on 05.11.2015 and 06.11.2015. The assessment report dated 06.11.2015 showed certain deficiencies and thereafter the same being not removed by the institution, the Executive Committee of the Medical Council of India (MCI) recommended to the Central Government not to renew permission for the admission of 6th batch (100 seats) of the MBBS for the academic year 2016-2017. The petitioners came to know about the recommendation and the deficiencies and through communication dated 02.01.2016 informed the respondent No. 1 that the deficiencies pointed out in the assessment report dated 06.11.2015 had been duly rectified and accordingly submitted for compliance report. A request was made for issuance of Letter of Permission for admission of 6th batch of MBBS course for the academic year 2016-2017 on the basis of the compliance report.

3. After receipt of the compliance report from the petitioner No. 2, the second respondent carried out a surprise inspection for clarification of the compliance on 19.02.2016. On the date of inspection, the assessors found certain deficiencies and eventually on 14.05.2016 recommended to the respondent No. 1 not to renew the permission for admission of the 6th batch (100 seats) in MBBS course for the academic year 2016-2017.

4. The decision of the Executive Committee of the MCI taken on meeting held on 13.05.2016 is note worthy. It is as follows:

"The Executive Committee of the Council considered the compliance verification assessment, report (19th February 2016) alongwith previous assessment report (5th & 6th November, 2015) as well as letter dated 19/02/2016 and 14.03.2016 received from the Principal of the college and noted the following:-

1. Deficiency of faculty is 67% as detailed in the report

2. Shortage of Residents is 85% as detailed in the report

3. Bed occupancy was only 08% on day of assessment which is grossly inadequate. Many wards were closed.

4. OPD attendance was only 250 on day of assessment which is grossly inadequate.

5. Casualty attendance was only 09 on day of assessment. No Casualty Medical Officer was present on day of assessment

6. There was NIL Major & NIL Minor operation on day of assessment

7. There was NIL Normal Delivery & NIL Caesarean Section on day of assessment

8. Radiological & Laboratory investigation workload is inadequate. Separate register for Laboratory investigation is not available.

9. Histopathology &