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SUPREME COURT OF INDIA
L. NAGESWARA RAO, MOHAN M. SHANTANAGOUDAR, JJ.
Medical Council of India – Appellant
Versus
Vedantaa Institute of Academic Excellence Pvt. Ltd. and Ors. – Respondents
Civil Appeal No.5805 of 2018 (Arising out of S.L.P. (Civil) No.11164 of 2018)
Decided On : 01-06-2018
(2016) 11 SCC 530 – Relied upon
(2015) 10 SCC 19 – Referred
(b) Establishment of Medical College Regulations, 1999 – Regulation 8 (3) (1) proviso (a) – Prescribing deficiencies of not more than 30% – Instantly deficiencies being much higher – Bed occupancy only 45.3%, only 3 patients against required minimum of 300; deficiency of faculty 84.05% and shortfall of Residents is 87.23% – Renewal rejected by MCI/Union of India – Courts should not interfere with assessment reports – Held, Respondent No.1 and 2 are not entitled to claim another inspection. (Para 9, 10, 11)
Facts of the case:
Vedantaa Institute of Academic Excellence Pvt. Ltd. and Vedantaa Institute of Medical Sciences, Respondent Nos.1 and 2 herein filed Writ Petition No.4319 of 2018 in the High Court of Judicature at Bombay seeking a direction to the Appellant to send its Experts’ team for the purpose of verifying the compliance of the deficiencies pointed out earlier. They also prayed for a direction to the Appellant to forward its recommendation to the Central Government before 30th April, 2018. They sought a further direction to Respondent No.3 herein, Union of India to consider the grant of renewal permission on the basis of the recommendations received from the Appellant. The High Court allowed the Writ Petition and directed the Medical Council of India to inspect Respondent No.2, Medical College and submit a report to the Union of India before 30th April, 2018.
Finding of the Court:
Impugned judgment is not sustainable.
Result : Appeal allowed.
JUDGMENT
L. NAGESWARA RAO, J.
Leave granted.
1. Vedantaa Institute of Academic Excellence Pvt. Ltd. and Vedantaa Institute of Medical Sciences, Respondent Nos.1 and 2 herein filed Writ Petition No.4319 of 2018 in the High Court of Judicature at Bombay seeking a direction to the Appellant to send its Experts’ team for the purpose of verifying the compliance of the deficiencies pointed out earlier. They also prayed for a direction to the Appellant to forward its recommendation to the Central Government before 30th April, 2018. They sought a further direction to Respondent No.3 herein, Union of India to consider the grant of renewal permission on the basis of the recommendations received from the Appellant. The High Court allowed the Writ Petition and directed the Medical Council of India to inspect Respondent No.2, Medical College and submit a report to the Union of India before 30th April, 2018. Aggrieved thereby, the Appellant Council has filed the above appeal.
2. Respondent No.1 submitted an application under Section 10-A of the Indian Medical Council Act, 1956 (hereinafter referred to as the ‘Act’) for starting a Medical College. A letter of intent was issued to Respondent No.1 after conducting an inspection. The Union of India issued a letter of permission dated 31.05.2017 to Respondent No.1 to admit the first batch of 150 students for the academic year 2017-2018. After issuance of a letter of permission, the Respondent No.2 College was included in the list of Colleges for centralised process of admission carried out by the State of Maharashtra. Students were allotted for the year 2017-2018 in the centralised counselling. The inspection for the purpose of granting first renewal for admission of students for the academic year 2018-2019 was conducted on 25.09.2017 and 26.09.2017. The Executive Committee of the Appellant Council considered the assessment report in its meeting held on 25.10.2017 and it was decided as under:-
“The Executive Committee of the Council considered the assessment report (25/26.09.2017) and noted the following:-
1. Deficiency of faculty is 84.05% as detailed in the report.
2. Shortfall of Residents is 87.23% as detailed in the report.
3. Pathology, Microbiology, Pharmacology, Forensic Medicine, Community Medicine departments are under construction
4. Bed Occupancy is 01% at 10 a.m. on day of assessment.
5. Wards: Majority of the wards were locked or under renovation and non-functional.
6. Data of OPD attendance, Radiological & laboratory investigations are inflated.
7. There was NIL Major, NIL Minor & NIL Daycare Operation on day of assessment.
8. There was NIL woman in Labour room.
9. Nursing staff: 164 Nursing staff are available against requirement of 175.
10. Paramedical & Non-teaching staff: 90 Paramedical & Non-teaching staff are available against requirement of 100.
11. MRD: There is no MRD Office.
12. O.T.: Non of O.T. was functional on day of assessment
13. ICU: There was NIL patient in ICCU & all ICUs on day of assessment.
14. 1 Mobile X-ray machine is available against requirement of 2.
15. Blood Bank is not functional.
16. Kitchen is not functional.
17. Examination hall: It is under construction.
18. Central Library: Librarian is not available.
19. Central Photography section: There is no staff.
20. Students’ Hostels: Available accommodation is for 128 students against requirement of 226.
21. Residential quarters: 18 quarters are available for faculty against requirement of 20. 16 quarters are available for non-teaching staff against requirement of 32.
22. RHTC: It is not yet allotted.
23. UHC: It is not yet allotted.
24. There is no CME activity during the year.
25. Other deficiencies as pointed out in the assessment report.
The Executive Committee noted that Regulation 8(3)(1)(a) of the Establishment of Medical College Regulation (Amendment), 2010 (Part II), dated 16th April, 2010 and amended on 18th March, 2016 provided as under:-
“8(3)(1)…..
(a) Colleges in the stage of Letter of Permi
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