Kanachur Islamic Education Trust (R) vs Secretary

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 vs. Union of India and Another) and the issue of 1 (2016) 7 SCC 353 3 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.

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.

2. The OC has also stipulated as follows:

i) The compliance submitted by the petitioner’s college thus does not seem to be reliable. 20

j) The reply of the petitioner's college had been evasive on many observations made by the assessors, who are clinical experts.

k) MCI was not precluded from conducting successive inspections subject to sufficient reasons and justifications.

l) The petitioner’s college has failed to respond to the objections raised in the subsequent inspection.

18. As the impugned order dated 10.08.2017 would reveal, it is 26 apparent that for all practical purposes, the Hearing Committee/Central Government did not undertake a dispassionate,objective, cautious and rational analysis of the materials on record and in our view, returned wholly casual findings against the petitioner's college/institution. This order thus has to be held, not to be in accord with the spirit and purport of the order dated 01.08.2017 passed by this Court. Suffice it to state, the order does not inspire the confidence of this Court to be sustained in the attendant facts and circumstances.

20. No endeavour whatsoever, in our comprehension, has been made by the respondents and that too in the face of an unequivocal direction by this Court, to fairly and consummately examine the materials on record in details before recording a final decision on the issue of confirmation or otherwise of the LOP granted to the petitioner's college/institution as on 12.09.2016. True it is that the Regulations do provide for certain norms of infrastructure to be complied with by the applicant 28 college/institution for being qualified for LOP depending on the stages involved. This however does not obviate the inalienable necessity of affording a reasonable opportunity of hearing to the person or the college/institution concerned vis-a-vis the scheme for establishment of a college before disapproving the same. The manner in which the respondents, in the individual facts of the instant case, have approached the issue, leads to the inevitable conclusion that the materials on record do not support determinatively the allegation of deficiency, as alleged. The respondents having failed to persuasively establish the said deficiencies, as noted in the impugned order dated 10.08.2017, inspite of opportunities available including the one granted by this Court, such a determination cannot be sustained in the facts and circumstances of the case. We are of the considered opinion that in view of the persistent defaults and shortcomings in the decision making process of the respondents, the petitioner’s college/institution ought not to be penalised. Consequently, on an overall view of the materials available on record and balancing all relevant aspects, we are of the considered opinion that the conditional LOP granted to the petitioner's college/institution on 29 12.09.2016 for the academic year 2016-17 deserves to be confirmed. Having regard to the progression of events, the assertions made by the petitioner in the representations countering the deficiencies alleged, the observations/views expressed by the Oversight Committee in its communication dated 14.05.2017 and the DGHS in the hearing held on 17.01.2017, which considerably dilute/negate the findings with regard to the deficiencies as recorded by the assessors of the MCI in the inspections conducted, we hold that the petitioner's college/institution, as prayed for, is also entitled to LOP for the academic year 2017-18. We order accordingly. However, as the Act and Regulations framed thereunder have been envisioned to attain the highest standards of medical education, we consider it expedient to permit the Central Government/MCI to cause inspection of the petitioner's college/institution in case of genuine necessity and as warranted in law besides adopting other initiatives, as mandated by the Act and Regulations from time to time. In view of this determination, the date of counselling for the admissions to the course involved for the academic year 2017-18 qua the petitioner's college shall stand 30 extended till 05.09.2017. The impugned order dated 10.08.2017 is thus set aside. The writ petition is allowed. We make it clear that the decision rendered and the directions issued are in the singular facts and circumstances of the case. I.A. No. 73463 of 2017 also stands disposed of.

August 30, 2017.