The court balanced the interests of the educational institution and the students by directing another inspection by the MCI and permitting provisional admission for the current session, subject to conditions.

JUDGMENT

This is a writ petition preferred by the N.C.Medical College and Hospital, Israna(Haryana).

2. The grievance raised is an oft repeated one before the Courts where the private institutions plead satisfactory compliance of all requisites commanded by the Regulatory Bodies and with the Regulatory Bodies controverting the stand of the Institute to deny the permission to carry out the educational courses year after year. The petitioner institute has been in existence since the year 2013 and was permitted functionality by admitting 150 students for the Session 2016-17 on certain conditions prescribed by the Over-Sight Committee, one of which was furnishing bank guarantee of 2 crores. For the subsequent years 2017-18, the permission was not granted and eventually the Institute was debarred altogether from making any further admissions. The bank guarantee was also invoked by the respondents which led to a petition before the Hon'ble Supreme Court where initially a stay of invocation of bank guarantee was granted with a direction to the Medical Council of India(hereinafter referred to as the 'MCI') to conduct a fresh Inspection which was done on 17th and 18th November, 2017. MCI recorded certain deficiencies. Thereafter, the petitioner Institute while insisting that it was compliant in all respects demanded a personal hearing. Petitioner Institute submitted a detailed reply on 19.01.2018(on record as Annexure P-6) and on 07.03.2018 the MCI recorded the Institutes compliance in all regards except the one pointed out earlier at item No. 3, 6 and 7. For the purposes of reference, the relevant portion of the communication by the MCI is extracted herein below:-

"Kindly refer to you letter dated 23.02.2018 forwarding therewith the revised compliance in reference to the MCI's letter dated 09.02.2018 with regard to renewal of permission for MBBS course for 3rd batch(150 seats) of N.C.Medical College & Hospital, Panipat, Haryana under Pt.B.D.Sharma University of Health Sciences, Rohtak u/s10A of the IMC Act, 1956 for the academic year 2018-2019.

In this regard, I am directed to inform you that the said compliance was considered by the Sub-Committee of the Council as its meeting held on 05.03.2018 and it is observed that "Deficiencies at #3, 6, 7 are not Rectifies, Status remains as it is." Compliance is not satisfactory.

In view of the above, you are requested to resubmit the detailed point-wise satisfactory compliance on or before 15.03.2018, for further necessary action in the matter. The compliance report should be submitted alongwith soft copy(Pen Drive/C.D.)."

3. Learned counsel for the petitioner Institute states that the Institute has already removed these deficiencies by 15.03.2018 and even though the mandate was to take a decision in this regard by 31.03.2018, the needful was not done. Since no decision was being arrived at, the petitioner Institute made a representation and on 13.04.2018 pursuant to the efforts of the petitioner Institute the MCI made another Inspection to raise similar objections as the one which were pointed out earlier.

4. Learned counsel for the petitioner further contends that once on 07.03.2018 the deficiencies had been narrowed down to only 3 which he has since removed, the report by the Verification Committee of Inspection on 13.04.2018 can not be said to be justified for the simple reason that barely a month back they themselves on an Inspection in March, 2018 established only 3 deficiencies.

5. It has been categorically asserted that deficiencies at item No. 3 pertained to installation of a CT Scan which though was installed but was not functional on account of lack of license by the Atomic Energy Regulatory Body but this report has since been received and the CT Scan has now been functional. So far as deficiency at item No. 6 is concerned it pertained to the USG machines which are also installed and are functional. Deficiency at item No. 7 pertained to the Research Laboratory being inadequate.

6. Le