The court emphasized the importance of justifying the refusal of permission for renewal based on relevant and substantial deficiencies.

JUDGMENT

A.S. Chandurkar, J. - The petitioner no. 2-Society which is registered under the Societies Registration Act, 1860 runs the petitioner no. 1-Institution which imparts medical education. In the academic year 2012-13 the intake capacity of the said Institution was increased from 65 to 100. Subsequently in the academic year 2013-14 permission with intake capacity was granted for 100 seats. In the subsequent academic year 2014-15 such renewal for the increased intake capacity of 100 students was not granted and hence the petitioners had filed Writ Petition No. 4052 of 2014. Ad-interim relief was granted in favour of the petitioners. However, as inspection for the academic year 2015-16 was conducted that writ petition came to be subsequently withdrawn keeping the points raised open. For the academic year 2015-16 similar permission was sought and a summary assessment was accordingly made by the respondent no. 2-Medical Council of India. As per this summary assessment two deficiencies with regard to Senior Residents and Mounted Specimens in the Anatomy Department were pointed out. The petitioners made a representation in that regard. On the deficiencies being pointed out, it is the case of the petitioners that the same were duly removed. Though inspection was carried out on 10.03.2015 nothing further was heard by the petitioners. It is only when the list of dis-approved colleges was published that the petitioners on 13.06.2015 got knowledge about the disapproval for renewal of the increased intake capacity. Being aggrieved, the petitioners have filed the present writ petition challenging the non-renewal of the increased intake capacity.

2. Shri Sunil Manohar, learned Senior Advocate for the petitioners submitted that the disapproval indicated for non-renewal of the increased intake capacity was by ignoring relevant factual aspects. The deficiencies as pointed out were hardly relevant and were of minor nature which did not warrant the withholding such approval for renewal. Inviting attention to the communication dated 22.12.2014 issued by the respondent no. 2-Council it was submitted that the following deficiencies were pointed out therein:

''The Executive Committee of the Council considered the Council Assessors report (21st & 22nd November, 2014) and noted the following.-

1. Senior Resident deficiency is 73%.

2. In Anatomy museum, mounted specimens are only 93.

3. Other deficiencies as pointed out in the assessment report.''

Pursuant to the aforesaid deficiencies being pointed out necessary steps were taken to remove them. As regards the shortage in the teaching staff was concerned, it was submitted that as per the regulations framed by the Medical Council of India titled as 'Requirements to be fulfilled by the Applicant Colleges for obtaining Letter of Intent and Letter of Permission for Establishment of the new Medical Colleges and Year Renewals under Section 10-A of the Indian Medical Council Act, 1956' no deficiency in that regard existed. Attention was invited to the manner in which the ratio of Senior Resident and Junior Resident was required to be taken in a combined manner. On that basis it was urged that when the combined ratio of Senior Residents and Junior Residents was taken there was no deficiency whatsoever. Attention was then invited to the minutes of Executive Meeting held on 02.03.2015 and especially Item 47 pertaining to the petitioner no. 1-Institution. This report showed shortage of residents at 20.9% which was again incorrect. With regard to deficiency no. 2 the number of mounted specimens were increased from 93 to 125 and this aspect was communicated to the respondent no. 2 on 21.01.2015. It was thus submitted that the deficiencies as alleged were the outcome of non-application of mind by the respondent no. 2 as well as non-consideration of the relevant material which was available with the Medical Council of India. Moreover the minutes of Executive Meeting indicate that material for which no notice was given