Sarvepalli Radhakrishnan University vs Union Of India

3. A joint verification inspection was conducted on 5 th and 6th January, 2017 for renewal of permission to the 3 rd Batch of MBBS students for the academic year 2017-18. Finding gross deficiencies in the infrastructure, clinical material, teaching faculty and other physical facilities in the College, the Executive Committee of Respondent No.2 concluded that the undertaking given by the College on 28th September, 2016 was breached. The Committee decided to recommend to the Central Government to debar the College from admitting students for the academic years 2017-18 and 2018-19. The Central Government accepted the recommendations made by Respondent No.2 and by an order dated 31st May, 2017 debarred the College from making 4 admissions for the years 2017-18 and 2018-19. The High Court of Madhya Pradesh allowed Writ Petition (C) No.8100 of 2017 filed by the College questioning the legality of order of the Central Government dated 31st May, 2017. The College was permitted to provisionally admit 150 students. Aggrieved by the judgment dated 21 st July, 2017 of the High Court of Madhya Pradesh, Respondent No.2 filed SLP (C) No.20400 of 2017 before this Court. The re-inspection as directed by the High Court of Madhya Pradesh was confirmed by this Court by an order dated 14th August, 2017. It was made clear in the said order that the admission of students shall be completely provisional, being dependent on the result of the inspection. It was further mentioned that the admission of students shall be liable to be cancelled if the College fails in the inspection and the students will not be entitled to claim any equity. The students were directed to be informed by the Counselling committee about the said condition. An inspection was scheduled to be conducted on 14 th & 15th September, 2017 for renewal of the 4th Batch of students in College for the MBBS course. According to Respondent No.2, the said inspection had to be aborted midway as the assessors were manhandled and physically forced to leave the College. At the request made by the College, another 5 inspection was conducted on the 25 th & 26th September, 2017. The Executive Committee of Respondent No.2 considered the Assessment Report at its meeting held on 26 th September, 2017 and decided that admissions of the 4th Batch of 150 MBBS students for the year 2017-18 should be cancelled in view of the following deficiencies found in the inspection conducted on 25th & 26th September, 2017:

Regulation 8 (3)(1)- The permission to establish a medical college and admit students may be granted initially for a period of one year and may be renewed on yearly basis subject to verification of the achievements of annual targets. It shall be the responsibility of the person to apply to the Medical Council of India for purpose of renewal [as per latest time schedule] prior to the expiry of the initial permission. This process of renewal of permission will continue till such time the establishment of the medical college and expansion of the hospital facilities are completed and a formal recognition of the medical college is granted. Further admissions shall not be made at any stage unless the requirements of the Council are fulfilled. The Central Government may at any stage convey the deficiencies to the applicant and provide him an opportunity and time to rectify the deficiencies.

18. For the aforementioned reasons, we pass the following order:

herein is liable for prosecution under Section 193 IPC. The Secretary General of this Court is directed to depute an Officer to initiate the prosecution in a competent Court having jurisdiction at Delhi.

(ii) The College is barred from making admissions for the 1 st Year MBBS course for the next two years i.e. 2018-19 and 2019- 2020.

7 T N Godavarman Thirumalpad (102) v. Ashok Khot and Anr. (2006) 5 SCC 1 at Para 31 28

(iv) The students are entitled to receive the refund of fee paid by them for admission to the College for the academic year 2017-

19. In addition, the College is directed to pay a compensation of Rs. One Lakh to the said students.

19. The Writ Petition is dismissed accordingly. WRIT PETITION (CIVIL) NO. 731 OF 2018: