IMPORTANT POINT
Permission for admitting students to medical courses cannot be granted unless the Institution is norms compliant.

JUDGMENT

Amitava Roy, J.

The instant adjudication witnesses a relentless pursuit of the petitioner to secure the letter of permission (for short, hereafter referred to as "LOP") for the establishment of its new medical college in the name & style of "Ponnaiyah Ramajayam Institute of Medical Sciences and Technology" at Manamai-Nallur, Tamil Nadu with an annual intake of 150 MBBS students for the academic year 2016-17 and further renewal of such LOP for the next academic year 2017-18.

2. As the facts would unfold hereinafter, conditional permission was granted for such establishment for the academic year 2016-17, but eventually on the detection of lingering deficiencies in its infrastructure and clinical materials, it was, by order dated 9.6.2017 of the Government of India, Ministry of Health and Family Welfare, debarred from admitting students for the next two academic years 2017-18 and 2018-19 and the Medical Council of India, (for short hereinafter referred to as "MCI") was authorised to encash the bank guarantee of Rs. 2 crores submitted by it in terms of the stipulations, subject to which such conditional permission had been granted. This order was successfully challenged by the petitioner in the instant writ petition, whereupon by this Court's verdict dated 1.8.2017 rendered in a batch of writ petitions including the one in hand, the lead petition being Writ Petition (C) No. 411 of 2017 (Glocal Medical College and Super Speciality Hospital and Research Centre v. Union of India and Another), this order of debarment and encashment of bank guarantee was interfered with and the issue of confirmation or otherwise of the LOP was remanded to the Central Government for fresh consideration of the materials on record and a decision thereon after affording an opportunity of hearing to the petitioner/college to the extent necessary. In undertaking this exercise, the Central Government was, amongst others directed to re-evaluate the recommendations/views of the MCI, Hearing Committee, Director General of Health Services (for short, hereafter to be referred to as "DGHS") and the Oversight Committee, as available on records.

3. Thereafter, the Hearing Committee of the Central Government considered the matter afresh and after the appraisal of the oral and written submissions of the petitioner/college, submitted its report, whereupon the Central Government by order dated 10.8.2017 has reiterated its earlier decision dated 9.6.2017 to debar the petitioner/college from admitting students in next two academic years i.e. 2017-18 and 2018-19 and also to authorise the MCI to encash the bank guarantee of Rs. 2 crores. Noticeably, after setting at naught the earlier order dated 9.6.2017 of the Central Government, the writ petition was kept pending before this Court. The petitioner has thus returned with the impeachment of the order dated 10.8.2017.

4. We have heard Mr. Mukul Rohatgi, learned senior counsel for the petitioner, Mr. Maninder Singh, learned Additional Solicitor General for the Union of India and Mr. Vikas Singh, learned senior counsel for the Medical Council of India.

5. The foundational facts in bare essentials present the backdrop. As required under Section 10A of the Indian Medical Council Act, 1956 (for short, hereinafter to be referred to as "the Act") and the Establishment of Medical College Regulations, 1999 (abbreviated hereinafter as the "Regulations") framed thereunder, the petitioner had submitted its scheme for grant of LOP to establish its new medical college with the annual intake of 150 MBBS seats for the academic year 2016-17 as referred to hereinabove. The MCI conducted assessment of the college on 29/30.12.2015 and on a consideration of the assessment report, its Executive Committee, in its meeting held on 30.1.2016 noticed the following deficiencies/short-comings in its infrastructure and clinical facilities:

"I. Deficiency