IMPORTANT POINT
A decision without appreciating materials on record, without giving reasons and without affording fair hearing to the party concerned cannot be sustained.

JUDGMENT

Amitava Roy, J.

The instant application under Article 32 of the Constitution of India is for laciniating the order dated 31.5.2017 issued by the respondent No. 1- Union of India, thereby debarring the medical college of the petitioner in the name and style of "Kanachur Institute of Medical Sciences and Research Centre" (for short, hereinafter to be referred to as "college/institution") at Deralakatte, Mangalore, Karnataka from making admission in MBBS Course for the academic years 2017-18 and 2018-19 and authorizing as well the Medical Council of India, (for short hereinafter referred to as "MCI") to encash the bank guarantee of Rs. 2 crores furnished by it. Further, an appropriate writ in the nature of mandamus has also been sought for to direct the respondents to grant renewal of permission for the academic year 2017-18 in terms of the recommendations of the Oversight Committee, constituted by this Court by order dated 2.5.2016, rendered in Modern Dental College and Research Centre and others v. State of Madhya Pradesh and others, (2016) 7 SCC 353 to oversee the functioning under the Indian Medical Council Act, 1956, (for short, hereafter to be referred to as "The Act") and also to permit the petitioner's college/institution to admit students for the said academic year.

2. The facts unfolded hereinafter would attest that in the previous round of contest, the aforementioned order dated 31.5.2017 was annulled by this Court's verdict dated 1.8.2017 delivered in a batch of writ petitions including the one in hand, the lead petition being Writ Petition (C) No. 411 of 2017 (Glocal Medical College and Super Specialty Hospital and Research Centre v. Union of India and Another) and the issue of confirmation or otherwise of the letter of permission (for short "LOP") as involved for the establishment of the above college of the petitioner was referred back to the Central Government for consideration afresh of the materials on record, pertaining thereto and to take a reasoned decision on a re-evaluation of the recommendations/views of the MCI, Hearing Committee, Director General of Health Services (for short, hereafter to be referred to as "DGHS") and the Oversight Committee and also after affording an opportunity of hearing to the petitioner college/institution, to the extent necessary. A time frame was also fixed for that purpose. The Central Government, having reiterated its decision, to debar the petitioner's college/institution from conducting admission in the MBBS for the academic years 2017-18 and 2018-19, as well as to authorise encashment of its bank guarantee by MCI, it has taken up the cudgel against the same in its second outing.

3. We have heard Dr. Rajeev Dhawan, learned senior counsel for the petitioner, Mr. Maninder Singh, learned Additional Solicitor General for the Union of India and Mr. Vikas Singh, learned senior counsel for the Medical Council of India.

4. The prefatory facts need be scripted to comprehend the dissension in essential particulars. The petitioner had submitted an application/scheme for establishment of a new medical college for the academic year 2016-17, as requited under the Act and the Establishment of Medical College Regulations, 1999 (abbreviated hereinafter as the "Regulations") framed thereunder before the Government of India, the Ministry of Health, Family Welfare (Department of Health and Family Welfare) Government of India. The same was forwarded to the MCI for evaluation and recommendations as per the Act, whereafter an inspection was made of the college on 7th and 8th January, 2016, in course whereof, certain deficiencies were noticed. The Executive Committee of the MCI eventually recommended to the Central Government not to issue the LOP for the establishment of the college for the academic year 2016-17.

5. An opportunity of hearing was afforded to the college by the Hearing Committee of the Central Government whereafter the matter was referred back to the MCI for review. The MCI, howev