G. Rohini, J.

1. Whether an opportunity to rectify the defects/deficiencies specified by the Medical Council of India need be provided to the applicant under Section 10-A(3) and/or 10-A(4) of the Indian Medical Council Act, 1956 (for short “the Medical Council Act”) in cases which fall within the ambit of the provisos (a) to (d) to Regulation 8(3)(1) of the Establishment of Medical College Regulations, 1999 (for short “the Regulations”) is the issue that falls for consideration by us.

Reference to the Full Bench:

2. W.P.(C) No.5041/2015 titled Shree Chhatrapati Shivaji Education Society & Anr. v. Union of India & Anr. was filed by a Medical College whose request for grant of permission for third renewal for the Academic Year 2015-16 was rejected by the Central Government on the basis of the recommendation of the Medical Council of India by letter dated 11.05.2015 recommending not to renew the permission for the said College. The admitted facts were that the Medical College was inspected on 14th and 15th November, 2014 and on consideration of the deficiencies noted, MCI having decided to apply the proviso (b) to Regulation 8(3)(1) of the Establishment of the Medical College R