Chintpurni Medical College And ... vs The State Of Punjab

2. In all the three inspections carried out by the MCI, petitioner college was found to be deficient. The MCI concluded the college was deficient to the extent of 100%. The MCI, therefore, recommended to the Central Government, not to issue recognition to the petitioner college under Section 11 of the IMC Act. The MCI also made similar recommendations in respect of other colleges. Those Medical Colleges approached this Court by way of filing a batch of Writ Petitions. This Court directed the matters to be examined by the Oversight Committee constituted under the judgment of this Court delivered by the Constitution Bench in the case of Modern Dental College and Research Centre v. State of Madhya Pradesh1. Finally, the Oversight Committee directed the MCI to conduct inspections and further directed that if the Medical Colleges were found deficient, they 1 (2016) 7 SCC 353 2 would be banned for a period of two years. Such a direction was also given in respect of the petitioner college. MCI conducted fresh inspection of the petitioner college on 07.03.2017 & again found the petitioner college deficient & accordingly recommended to the Central Government to debar the petitioner college from admitting students against the allowed intake for two academic years i.e. 2017-18 and 2018-19. The Central Government by its order dated 31.05.2017 debarred the petitioner college for a period of two academic years i.e. 2017-18 and 2018-19. This order was questioned by the petitioner in Writ Petition (Civil) No. 423 of 2017. By order dated 10.5.2018, this Court dismissed the Writ Petition (Civil) No.423 of 2017.

5. However, for reasons which are not clear, the State relied on proceedings of an earlier show cause notice dated 03.05.2017 calling upon the petitioner to show cause as to why the Essentiality Certificate should not be withdrawn, to do just the opposite. They passed an order dated 01.11.2017 and held that the college had made hollow claims for removing deficiencies and had failed to show cause why the Essentiality Certificate should not be withdrawn. Though several opportunities of personal hearing were afforded, the college 4 had failed to rebut the findings of the inspection reports. Having found persistent deficiencies, the State Government directed the withdrawal of the Essentiality Certificate.

6. At this juncture, we might make it clear that no fault can be found with the orders of the State Government in observing the deficiencies in the functioning of the petitioner college. These deficiencies have resulted in the Central Government order dated 31.05.2017 debarring the petitioner college from taking any fresh intake for two years. As stated above, this Court has declined to interfere with such an order and accordingly, Writ Petition (Civil) No.423 of 2017 has been dismissed.

(2) The medical inspectors shall not interfere with the conduct of any training or examination, but shall report to the committee on the adequacy of the standards of medical education including staff, equipment, accommodation, training facilities prescribed for giving medical education or on the sufficiency of every examination which they attend.

33. In view of the above, we find that Condition No.(XI) is ultra- vires the provisions of the IMC Act and Regulations. In the result, the order dated 01.11.2017, issued by Respondent No. 1- State of Punjab, withdrawing the Essentiality Certificate is quashed and set aside and Condition Nos.(VII) and (XI) are declared illegal.

34. Accordingly, the Writ Petition is allowed.