1. This writ petition has been filed by the petitioner seeking to quash the order dated 19.05.2011 of the second respondent and for a consequential direction to the respondents to grant renewal of permission of the petitioner college for the second batch of MBBS Course for the academic year 2011-12 and to grant "Letter of Permission" for the additional intake of 250 students (including original intake) for the academic year 2011-12.

2. The facts leading to the filing of the present writ petition are as follows:

(a) The Board of Governors, Medical Council of India issued a proceedings dated 12.07.2010 under Section 10(A) of the India Medical Council Act, 1956, granting permission to the petitioner for establishment of a new Medical College called D.D. Medical College and Hospital, Chennai, with an annual intake of 150 students from the academic year 2010-2011. The permission granted by the Medical Council of India for establishment of new Medical College and admission of students was for a period of one year, which is liable to be renewed on yearly basis. The renewal is based on the inspection to be conducted by the Assessors, deputed by the Medical Council of India.

(b) Pursuant to the permission granted by the Board of Governors to the petitioner for establishment of a new Medical College, the petitioner College commenced the Medical Course with 150 students from the academic year 2010-2011. The petitioner College has also been issued with provisional affiliation by the Tamil Nadu Dr.M.G.R. Medical University as per the proceedings of the University dated 25.08.2010.

(c) According to the petitioner, the petitioner has established the Medical College and Hospital as a Multi, Super, Higher Specialty, Private, Corporate Hospital designed for complete Health Care and Education with most modern equipments and renowned professionals in multiple disciplines. It is the first time in the history of India and Asia in the Health Care that the petitioner Hospital has 3500 bedded facilities with 141 Departments covering all medical areas ranging from First Aid to Transplant Surgery, besides Research and Innovative Programmes.

(d) The Medical Council of India, issued a letter dated 14.03.2011 nominating the following 3 Members as Assessors for assessment of physical and other teaching facilities available in the petitioner college for renewal of permission for the second batch of MBBS Course for the academic year 2011-12

(i) Col.S. Kapoor (Co-ordinator)

Professor, Department of Surgery - Clinical Command Hospital, Lucknow.

(ii) Dr.S.C. Mahapatra Professor of Physiology, Pre All India Institute of Medical Sciences Ansari Nagar, New Delhi.

(iii) Dr.B.L.Sherwal Professor of Microbiology – Para Lady Hardinge Medical College New Delhi.

(e) The aforesaid Assessors inspected the petitioner college on 15.03.2011 and 16.03.2011. According to the petitioner, the Chairman of the petitioner college was not able to be present at the time of inspection and the team of Assessors completed the inspection and found that the petitioner college fulfilled all the norms and requirements with reference to teaching faculty as well as infrastructure facilities. According to the petitioner, the team of Assessors prepared the assessment report stating that the petitioner college fulfilled the MCI norms in all respects.

(f) The petitioner college, while seeking renewal of yearly permission for the academic year 2011-2012, also sought permission for an additional intake of 250 students (including the original intake) as the petitioner has the required teaching faculties as well as infrastructure facilities for additional intake also.

(g) In these circumstances, the petitioner college received a show cause notice on 10.05.2011 issued by the second respondent stating that some of the Doctors produced before the Assessment team as Full Time Professors in the petitioner college are working in other medical colleges. The petitioner college submitted its reply on 16