Shri Gangajali Education Society vs Union Of India

3. Soon thereafter, the Oversight Committee (for short “OC”) constituted by this Court, adopted a resolution to 3 permit all applicant colleges, including the petitioners, to furnish compliance reports in relation to the deficiencies communicated by MCI. MCI would then forward such compliance reports to the MHFW which, in turn, would take a decision on the said reports and forward its decision along with the applications and the reports to the OC. After considering the petitioners’ case, the OC passed an order on 11th August, 2016.

(xv) Student’s hostels:- Explanation of College is acceptable. (xvi) Nurses Hostel:- Hostel is within the campus with adequate capacity.

In view of the above the Committee concludes that the deficiency of clinical material and infrastructure seems more pronounced than the deficiency of faculty and residents. The college is at LoP stage and the facilities have to be satisfactorily verified.

9. The petitioners then filed the present writ petition before this Court, seeking issuance of a writ of certiorari to set aside the aforesaid order of the MHFW dated 14 th August, 2017 as also to confirm the Letter of Permission granted to the petitioners for admission of students (150 seats) to the MBBS course. The petitioners also filed an Interlocutory Application along with the main writ petition, being I.A. No.74584 of 2017, praying for stay of the MHFW’s order of 14th August, 2017 and to direct the respondent No.3 State to include the petitioner No.2 college for counselling and allot students for the MBBS course for the academic year 2017-18. This application was taken up for hearing along with the main writ petition.

15. We, accordingly, quash and set aside the impugned decision to the extent that it bars the petitioners to admit upto 150 students in the academic session 2017-18. Instead, we direct the respondents to permit the petitioner college to take part in the current year counselling process which is still in progress. The cut-off date for completing the admissions in respect of the petitioner college, however, will stand extended till 5th September, 2017. The respondents shall make available students willing to take admission in the petitioner college through central counselling, in order of their merit. This direction is being issued in exercise of plenary powers of this Court under Article 142 of the Constitution of India, in the peculiar facts of the present case to do complete justice and in the larger public interest, so that aspiring students who have not been admitted to the 18 1st year MBBS course for the academic session 2017-18, in order of their merit in NEET examination, will get an opportunity to be admitted in the petitioner college. At the same time, we make it clear that the MCI or the Competent Authority of the Central Government is free to inspect the petitioner college as and when deemed fit and, if any deficiency is found, after giving opportunity to the petitioner college, it may suitably proceed against the college in accordance with law. This arrangement will subserve the ends of justice.

16. No order as to costs.

……………………………….CJI.

Dated: August 31, 2017.