Melmaruvathur Adhiparasakthi ... vs Union Of India

1. The petitioner has assailed the decision of the Department of Health and Family Welfare, Ministry of Health and Family Welfare, Government of India, dated 31 st May, 2017, debarring the petitioner college from admitting students for the academic sessions 2017-18 & 2018-19 and permitting respondent No.2 Medical Council of India (for short “MCI”) to encash the bank guarantee of Rs.2 crore offered by the petitioner. During the hearing of the writ petition on the earlier occasion on 11 th August, 2017, it was noticed that the order dated 31 st May, 2017, was bereft of reasons. Hence, the Competent Authority of the Digitally signed by Central Government was directed to afford an opportunity of GULSHAN KUMAR ARORA Date: 2017.09.08 15:55:16 IST Reason: hearing to the representatives of the petitioner institution and 2 take assistance of the Oversight Committee (for short, “OC”) constituted by this Court and pass a reasoned order by the end of August 2017. Pursuant thereto, the Competent Authority of the Central Government afforded an opportunity of hearing to the petitioner college on 25th August, 2017 and permitted the petitioner college to file a fresh representation. A member of the OC was present during the hearing. The Hearing Committee then submitted its report to the Competent Authority of the Central Government. On the basis of the said recommendation, the Competent Authority of the Central Government issued an order dated 31st August, 2017, reiterating its earlier decision dated 31 st May, 2017. This decision has also been assailed by the petitioner college.

2. You are therefore, directed not to admit students for 150 seats in MBBS course for the academic years i.e. 2017-18 & 2018-19 at your College.

3. Admissions made against the above decision of Central Government will be treated as irregular and 7 action will be initiated under IMC Act & Regulations made thereunder.

9. We must therefore, set aside the impugned decision dated 31st August, 2017, passed by the Competent Authority of the Central Government. However, that cannot be the basis to grant relief to the petitioner college or justify issue of directions to the respondents so as to permit the petitioner college to admit students for the academic session 2017-18. For, the deficiencies noted in the assessment reports reproduced earlier are quite significant concerning the infrastructure and academic matters and are beyond the permissible limit. That position needs to be verified as has been observed by the Hearing Committee in its report submitted after the hearing on 25 th August, 2017. Therefore, in the present case it would not be safe to straightaway accede to the request of the petitioner college to direct the respondents to issue recognition/approval for the academic session 2016-17 and to allow the petitioner college to admit students for the academic session 2017-18.

11. Accordingly, we direct MCI to send its Inspecting Team to the petitioner college within a period of three months and inform the petitioner college about the deficiencies if any, with the option to remove the same within the time limit specified in that behalf. The petitioner medical college shall then report its compliance and communicate the removal of deficiencies to the MCI, whereafter it will be open to the MCI to verify the position and then prepare its report to be placed before the Competent Authority for being processed further in accordance with law. Final decision be taken by the Competent Authority within one month from receipt of the report from MCI. In the event the final decision is adverse to the petitioners, it will be open to them to take recourse to further remedies as may be available in law.

12. We make it clear that the inspection to be done will be for considering the application for recognition/approval for the academic session 2016-17, and if approved, to issue 2 Writ Petition (C) No. 448 of 2017, decided on 1st September, 2017. 11 consequential directions including to allow the petitioner to admit 150 students in academic session 2018-19. The bank guarantee furnished by the petitioner shall not be encashed but the same shall be kept alive until further orders to be passed by the Competent Authority of the Central Government in that behalf.

13. Writ petition is disposed of in the aforementioned terms. No order as to costs.

……………………………….CJI.