Reduction of intake capacity based on deficiencies in OPD attendance was impermissible, and the authorities must provide an opportunity to rectify deficiencies before taking such drastic action.

Anoop V. Mohta, J.

Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for parties.

2. The petitioner is a recognised institution/Medical College, who is imparting graduate and post graduate courses in various faculties of health sciences since 1984 with basic intake capacity of 125 students per year. Considering the material and infrastructure and the requirement of the locality, petitioner's application for additional 75 seats for the year 2016-2017 was considered favourably. The petitioner, therefore, was able to admit 200 students for the academic year 2016-2017. However, the respondents by impugned resolution No. 15 dated 04.11.2016 issued by Medical Council of India ("MCI") and communication dated 31.05.2017 issued by the Union of India, Ministry of Health and Family Welfare, New Delhi ("UOI") reduced intake capacity by 75 seats and restricted it to 125 seats for academic year 2017-2018. Therefore, present petition is filed on 08.06.2017.

3. In view of the urgency expressed, the following order is passed by this Court on 14.06.2017.

2. Learned Assistant Solicitor General, appearing for respondent Nos.1 and 3 made statement that, in view of the fact that, as per the Notification submitting the detailed seats/numbers of the respective institutions and as the petitioner has been restricted to grant permission upto 125 seats, though last year it was 200 seats, therefore, to avoid further complications and in the interest of all, including the students at large, there will be an endorsement to be made in the column of petitioner that the petitioner's claim/litigation is pending in High Court for increasing of 75 seats. This statement, at this stage, is sufficient to take care of the apprehension and submission so made by the learned Senior Counsel appearing for the petitioner to avoid any complications.

3. We are inclined to observe that, the petitioner, referring to the deficiencies as already filed/made representation on 24.03.2017 and the same is not yet decided but, taken decision to reduce the seats from 200 to 125, though all infrastructure facilities and the requisite permissions from all other concerned authorities are part of record. Same infrastructure facilities and permission ought to have been taken note of to grant the seat numbers as prayed i.e. 200, the deficiencies/lacunae, as contended, are not of substantial nature & curable as explained in the representation.

4. In the interest of justice, we are inclined to grant the time and by keeping this matter on 27.06.2017 at 2.30 p.m. for final hearing. The reply to be filed by respondents on or before 23.06.2017 and copy be supplied to the counsel for the petitioner. The parties to file short synopsis, submissions and copies of judgments in advance.

4. Respondent No. 2/MCI has filed a detailed affidavit in reply dated 27.06.2017 opposing all the prayers by placing on record the regulations, judgments and orders of the Supreme Court, in view of time schedule so fixed by the Supreme Court in such matters. The submission is also about the scope and power of judicial review and passing of such interim order and/or any order, after 31st May, 2017. Respondent Nos. 1 and 3/UOI by affidavit dated 04.07.2017 resisted prayers on similar contentions and relied on judgment and order dated 18.01.2016 in Writ Petition (Civil) No. 76 of 2015 (Ashish Ranjan and others v. Union of India and others).

5. In the present case, UOI on 30.06.2016 granted permission to the petitioner to increase MBBS seats from 125 to 200 from academic year 2016-2017 U/Sec. 10(A) of the Indian Medical Council Act, 1956 (for short 'Act'). On 08.07.2016 it is communicated by the MCI to all Deans and Principals of Medical Colleges, the steps to be followed while taking assessment of physical and other teaching facilities. The relevant clause 2 is reproduced as under :

"2. Clinical material (OPD, IPD and List of surgeries) will be verified by the assessor at 10 A.M. a