Medical Council Of India vs N.C. Medical College And Hospital

5. The aforesaid order dated 09.06.2017 was questioned in this Court by way of Writ Petition No.432 of 2017 and by its order dated 01.08.2017 this Court directed the Central Government to re-consider the case and pass a reasoned order. Pursuant thereto, the Central Government by its reasoned order dated 10.08.2017 reiterated its earlier decision dated 09.06.2017. When aforesaid Writ Petition No.423 of 2017 was again listed on 4 09.10.2017, MCI was directed to conduct physical inspection for grant of permission for the Academic Session 2018-2019 as per MCI regulations. In compliance, the physical assessment was carried out by the assessors of MCI on 17/18.11.2017 and the report found various deficiencies of Infrastructure, Teaching Faculty, Clinical Material and other physical facilities. Executive Council of MCI therefore by its decision dated 14.12.2017 decided to recommend to the Central Government not to grant renewal permission for admitting students for the academic year 2018-2019. Said writ petition No.432 of 2017 was thereafter disposed of by this Court on 17.01.2018 directing MCI to take proper decision on or before 31.03.2018.

6. It appears that according to the Respondent College it had complied with and removed the deficiencies. The Central Government therefore directed MCI to review the case. The papers and documents submitted by the Respondent College were duly considered and on the strength of those documents themselves, it was found that deficiencies 3, 6 and 7 were still not rectified. This assessment was made by the Sub-Committee of MCI without inspection and purely on the strength of documentation submitted by the respondent. The Respondent College was therefore called upon vide letter dated 07.03.2018 to submit satisfactory compliance in respect of said 5 deficiencies at Serial Nos.3, 6 and 7. The Respondent College by its letter dated 24.03.2018 claimed to have rectified all the deficiencies and accordingly a compliance verification was carried out by the assessors of MCI on 13.04.2018. This verification found that the deficiencies continued to persist and therefore the Executive Committee in its Meeting held on 26.04.2018 decided to recommend to the Central Government not to grant renewal of permission for admitting students for the academic year 2018- 2019. This decision was squarely put in challenge by filing writ petition No.400 of 2018 in this Court which was dismissed on 01.05.2018 leaving all questions open.

7. On 07.05.2018 and 09.05.2018 the Respondent College requested the Central Government to grant personal hearing before any adverse order could be passed. The request was however declined by the Central Government on 17.05.2018, as the Respondent College was already granted personal hearing in the matter. The respondent being aggrieved, challenged the decision dated 17.05.2018 by filing civil writ petition No.13366 of 2018 in the High Court of Punjab and Haryana.

14. In the backdrop of the law laid down by this Court, the High Court was not justified in passing interim directions and permitting the Respondent College to go ahead with provisional admissions for the Academic Session 2018-19. We, therefore, allow this appeal and set aside the order dated 29.05.2018 passed by the High Court.

15. We have stated the facts only by way of pure narration of events. Since the matter is pending in the High Court we make it clear that we have not and shall not be taken to have dealt with factual controversy in any manner and the matter shall be considered purely on merits in the pending writ petition. The order under appeal directed that the matter be listed on 11.07.2018. If the case is made out, the High Court may expedite the matter and hear it finally.

16. With these observations the present appeal is allowed and the order under appeal is set aside without any order as to costs.