IMPORTANT POINT
Permission to admit students cannot be granted unless and until deficiencies pointed out by MCI are removed.

JUDGMENT

Uday Umesh Lalit, J.

Leave granted.

2. This appeal questions the correctness of interim order dated 29.05.2018 passed by the High Court of Punjab and Haryana in Civil Writ Petition No.13366 of 2018 and thereby permitting the Respondent Medical College to go ahead with admissions to first MBBS Course for the Academic Session 2018-19.

3. Shanti Devi Charitable Trust made an application for establishment of a new Medical College in the name and style of NC Medical College and Hospital, Panipat for the Academic Sessions 2016-17. An assessment was accordingly undertaken by the assessors appointed by Medical Council of India (MCI, for short) who found as many as 25 deficiencies. By its letter dated 30.12.2015, MCI recommended to the Central Government not to issue letter of permission for establishment of said college for the Academic Year 2016-17. In compliance verification carried out by MCI on 01.04.2016 the deficiencies were still found to be existing and as such MCI vide letter dated 14.05.2016 again recommended disapproval of the scheme for the Academic Year 2016-17.

4. The Central Government accepted such negative recommendation and disapproved the scheme so proposed. However, the Supreme Court mandated Oversight Committee vide letter dated 11.08.2016 approved the scheme and as such admissions to 1st MBBS Course for the Academic Year 2016-17 with intake of 150 seats could be made by the Respondent College. Since such approval was subject to certain conditions, a further verification was undertaken by MCI on 7/8.11.2016 to assess whether those conditions were complied with or not. This assessment was again considered by the Executive Committee of MCI and in its noting dated 22.12.2016, the deficiencies were still found to be persisting. MCI by its letter dated 26.12.2016 informed the Central Government that since the Respondent College had failed to abide by the undertaking, it be debarred from admitting students for two academic sessions namely 2017-18 and 2018-19 and the bank guarantee be encashed. The Central Government approved the report submitted by MCI. The matter was again placed before the Supreme Court mandated Oversight Committee which directed that a further opportunity be given to the Respondent College and an assessment be made whether the Respondent College had complied with the conditions. The matter was again considered and the Central Government accepted the recommendations of MCI, and by its order dated 09.06.2017 debarred the Respondent College from admitting students for two years namely 2017-18 and 2018-19 and authorized MCI to encash the bank guarantee of Rs.2 crores.

5. The aforesaid order dated 09.06.2017 was questioned in this Court by way of Writ Petition No.432 of 2017 and by its order dated 01.08.2017 this Court directed the Central Government to re-consider the case and pass a reasoned order. Pursuant thereto, the Central Government by its reasoned order dated 10.08.2017 reiterated its earlier decision dated 09.06.2017. When aforesaid Writ Petition No.423 of 2017 was again listed on 09.10.2017, MCI was directed to conduct physical inspection for grant of permission for the Academic Session 2018-2019 as per MCI regulations. In compliance, the physical assessment was carried out by the assessors of MCI on 17/18.11.2017 and the report found various deficiencies of Infrastructure, Teaching Faculty, Clinical Material and other physical facilities. Executive Council of MCI therefore by its decision dated 14.12.2017 decided to recommend to the Central Government not to grant renewal permission for admitting students for the academic year 2018-2019. Said writ petition No.432 of 2017 was thereafter disposed of by this Court on 17.01.2018 directing MCI to take proper decision on or before 31.03.2018.

6. It appears that according to the Respondent College it had complied with and removed the deficiencies. The Central Government therefore directed MCI to review the case. The papers and documents submit