JUDGMENT

SWARANA KANTA SHARMA, J.(ORAL)

1. The instant petition under Section 482 of Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been filed on behalf of petitioner, assailing the order dated 25.04.2022 passed by learned Special Judge (PC Act) (CBI)-09, Rouse Avenue Courts, New Delhi, in CC No. CBI/48/2019 titled as „CBI vs Dr. Keshav Kumar Aggarwal & Ors.‟ arising out of RC-006/2010/A0014-SPE/ACB/Lucknowregistered for offences punishable under Sections 120B/420/465/468/471 of Indian Penal Code, 1860 (‘IPC’) and Section 13(2) read with Section

13(1)(d) of Prevention of Corruption Act, 1988 (‘PC Act’).

2. The facts, leading to the registration of present RC by the CBI, are that an information was received that some officials of Ministry of Health & Family Welfare, Government of India, New Delhi had entered into a criminal conspiracy with Sh. Keshav Kumar Agarwal who was the Chairman of Rohilkhand Medical College, Bareilly, Uttar Pradesh, and in pursuance of this conspiracy, the officials of Ministry had granted renewal of permission for admission of 100 MBBS students in the medical college. It was discovered by the CBI that vide letter dated 14.02.2006, the medical college had been granted permission by Ministry of Health & Family Welfare, Government of India for admission of its first batch of 100 MBBS students, for the year 2006-07. Thereafter, the permission was renewed for admission of its second batch on 17.08.2007, for the year 2007-08. However, in the year 2008-09, Medical Council of India had inspected the said medical college and had found that the college was not meeting the prescribed norms and had shortage of infrastructure faculty. It was discovered that members of its faculty were either not working there or were working at more than one place, simultaneously. It was also discovered that certain members of faculty had submitted false certificates of experience. The Medical Council of India had given the college, another chance to rectify the deficiencies, and an inspection was again conducted on 19.08.2008, but the same deficiencies persisted. Consequently, on 04.09.2008, the executive committee of Medical Council of India had communicated to the Central Government to not renew the permission for admission of third batch of students in the college and the same was communicated to the college by the Government vide letter dated 12.09.2008. During this time, the said medical college had approached the Hon‟ble Apex Court and during the course of hearing, the college had acknowledged that there were deficiencies but it had requested that the Government and the Medical Council of India may consider renewal for a reduced intake of students. On 24.09.2008, the Medical Council of India had furnished its recommendations on the said issue, informing the Government that as per the inspections carried out by the Medical Council of India, the available facilities of the medical college were not sufficient even for a reduced number of MBBS admissions. However, the Ministry of Health & Family Welfare, Government of India, New Delhi, had issued an order on 26.09.2008 according renewal of permission for admission of third batch of 100 MBBS students for years 2008-09 to the college, stating that an inspection was conducted by a Central Team, constituted by Ministry of Health & Family Welfare on 25.09.2008 which had noted that adequate facilities were available for renewal of such permission. It is alleged that the Ministry of Health & Family Welfare had deputed a Central Team on their own with mala fide intention, in order to obtain a favourable Inspection report and extend undue favour to the management of the said medical college, knowing fully well that the Medical Council of India had not found the college suitable for extension of permission. Another inspection was conducted by Medical Council of India on

01.10.2008, i.e. after a lapse of only five days and it was found that the shortage of teaching staff was 65.51%. Thus, a