JUDGMENT

Shaffique,J This review petition has been filed inter alia contending that an issue which had arisen in the matter was not brought to the notice of this Court at the relevant time. Reference has been made by the learned Senior counsel to a judgment of this Court in DM Education and Research Foundation and Another v. Union of India and Another 2016 KHC 171 in order to contend that while seeking renewal of permission an opportunity should be given by the Medical Council of India to cure the deficiencies as well.

2. In fact, such an argument was not raised at the time when the above matter was heard. Even otherwise, this is a case in which, we have considered the question on facts itself. The contention urged was that there was a bed occupancy of more than 65%; whereas on facts itself we have come to a conclusion that the said contention was erroneous and bed occupancy was only 50% i.e., 235 out of 470 on the basis of the available documents itself. In a matter relating to bed occupancy, it is for the college to establish at the time of inspection itself that the bed occupancy was more than 65%. In this case, they had a contenton that bed occupancy was 78%. On inspection it wa