Case: Chintpurni Medical College and Hospital &amp; Anr Vs. Union of India &amp; Anr

students against requirement of 565. Ancillary facilities are inadequate as detailed in the report. XXI. Interns Hostel: Available accommodation is for 42 Interns against requirement of 150. XXII. Residents Hostel: Total 40 rooms are available against requirement of 85. They are partially furnished. Deficiency remains as it is. XXIII. Residential Quarters: Only 5 quarters are available for faculty against requirement of 26. NIL quarters are available for Non-teaching staff. 9. The Medical Council of India recommended to the Central Government that the first Appellant-College should be debarred for two years i.e. 2017-2018 and 2018-2019 from admitting students and to encash the bank guarantee furnished. A decision was also taken not to consider the first Appellant for processing applications for Postgraduate courses for the academic year 2017-2018. There was also a recommendation to initiate proceedings for withdrawal of the recognition of the courses pursuant to which a show cause notice was given to the college on 24.03.2017. The first Respondent accepted the recommendations of the Medical Council of India and debarred the first Appellant-College from making admissions to MBBS course for the academic years 2017-2018 and 2018-2019. The first Respondent also permitted the Medical Council of India to encash the bank guarantee. 10. Pursuant to a direction given by this Court by its order dated 01.08.2017 the status of ratification of deficiencies in the first Appellant-College was reconsidered and a decision was taken by the Executive Committee of the Medical Council of India not to recognise/approve the first Appellant-College for the award of MBBS degree granted by Baba Farid University of Health Sciences. 11. In the meanwhile, students who were admitted in the first Appellant-College during the years 2011-2012, 2014- 2015 and 2016-2017 were shifted to other colleges. 12. Thereafter, the first Appellant requested the Medical Council of India to permit admission of 150 students in the MBBS course for the academic year 2019-2020. The Medical Council of India rejected the request of the first AppellantCollege. According to the Medical Council of India, the conditional recognition granted to the first Appellant-College has become invalid in view of the failure of the first Appellant-College to comply with the conditions stipulated therein. It was mentioned in the letter dated 21.05.2019 that proceedings pursuant to the show cause notice dated 24.03.2017 are underway. The first Appellant-College was advised to make an application/scheme under Section 10 (A) of the Indian Medical Council Act, 1956 for grant of permission to admit students for the academic year 2020- 2021. Aggrieved by the order dated 21.05.2019, the Appellant filed a Writ Petition in the High Court of Delhi which was dismissed. 13. The High Court held that there is no merit in the contention of the Appellants that admissions for the academic year 2019-2020 should be considered without any further inspection as the debarment by the notification dated 26.09.2016 was only for a period of two years. As the relief claimed by the Appellants for the year 2019-2020 cannot be granted, the High Court rightly considered whether any relief can be granted to the Appellants for the academic year 2020-2021. The High Court took note of the fact that there are admittedly no students in the first Appellant-College as those admitted for the academic years 2011-2012, 2014- 2015 and 2016-2017 have been shifted to the other colleges. The request made by the Appellants that there should be a direction for inspection was refused by the High Court as the last date for granting permission for the academic year 2020- 2021 was 31.08.2020. As the recognition of the college has not been cancelled, the Appellants were given liberty to make an application for renewal of recognition. 14. We have heard Mr. Dhruv Mehta, learned Senior Counsel for the Appellant, Ms. Aishwarya Bhati, learned Additional Solicitor General for the first Respondent and Mr. T. Singhdev learned counsel for the second Respondent. The contention of the Appellants that the ban for admitting students imposed by the first Respondent on 26.09.2016 is only for a period of two years i.e. 2017-2018 and 2018-2019 was rightly rejected by the High Court on the ground that they were not entitled to make admissions for the academic years 2019-2020 and 2020-2021 without any inspection. Reliance placed by the Appellants on the order dated 10.05.2018 passed by this Court in Writ Petition (C) No.423 of 2017 is misplaced. In the said Writ Petition, request of the Appellants that they should be permitted to make admission for the years 2017-2018 and 2018-2019 was rejected. While dismissing the Writ Petition, an observation was made that the Appellants would be entitled to pursue their request for permission for the academic years 2019-2020 and 2020- 2021. It does not mean that the Appellants are entitled to admit students for the academic year 2019-2020 without an inspection. A bare look of the inspections conducted from the years 2011-2012 makes it clear that the Appellants have not utilized the opportunities given to them to rectify the deficiencies in the past. The Medical Council of India has even recommended cancellation of the recognition granted to the Appellants in view of lack of infrastructure, clinical, teaching faculty and other facilities. 15. We find no merit in the contention of the Appellants that the Medical Council of India committed an error in not permitting admission of students for the academic year 2019-2020. Having found that the request made by the Appellants for permitting MBBS course for the academic year 2019-2020 had become infructuous, the High Court rightly considered the entitlement of the Appellant-College for the academic year 2020-2021. In accordance with the time schedule fixed in respect of permissions to be granted to the medical colleges for admission to students, the last date for granting permission for the academic year 2020-2021 was 31.08.2020. As per the schedule an application for renewal of permission should have been made by the Appellants on 07.07.2020. We find no fault committed by the High Court in refusing permission to the Appellant-College for making admissions for the academic year 2020-2021.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]The contention of the Appellants that the ban for admitting students imposed by the first Respondent on 26.09.2016 is only for a period of two years i.e. 2017-2018 and 2018-2019 was rightly rejected by the High Court on the ground that they were not entitled to make admissions for the academic years 2019-2020 and 2020-2021 without any inspection. Reliance placed by the Appellants on the order dated 10.05.2018 passed by this Court in Writ Petition (C) No.423 of 2017 is misplaced. In the said Writ Petition, request of the Appellants that they should be permitted to make admission for the years 2017-2018 and 2018-2019 was rejected. While dismissing the Writ Petition, an observation was made that the Appellants would be entitled to pursue their request for permission for the academic years 2019-2020 and 2020- 2021. It does not mean that the Appellants are entitled to admit students for the academic year 2019-2020 without an inspection. A bare look of the inspections conducted from the years 2011-2012 makes it clear that the Appellants have not utilized the opportunities given to them to rectify the deficiencies in the past. The Medical Council of India has even recommended cancellation of the recognition granted to the Appellants in view of lack of infrastructure, clinical, teaching faculty and other facilities.15. We find no merit in the contention of the Appellants that the Medical Council of India committed an error in not permitting admission of students for the academic year 2019-2020. Having found that the request made by the Appellants for permitting MBBS course for the academic year 2019-2020 had become infructuous, the High Court rightly considered the entitlement of the Appellant-College for the academic year 2020-2021. In accordance with the time schedule fixed in respect of permissions to be granted to the medical colleges for admission to students, the last date for granting permission for the academic year 2020-2021 was 31.08.2020. As per the schedule an application for renewal of permission should have been made by the Appellants on 07.07.2020. We find no fault committed by the High Court in refusing permission to the Appellant-College for making admissions for the academic year 2020-2021.