Apollo Institute Of Medical Sciences ... vs Union Of India

2. The Oversight Committee (for short “OC”) constituted under the directions of this Court, however, issued directives, as a result of which the Ministry asked for and obtained a fresh compliance from the college and forwarded the same to MCI vide letter dated 22.06.2017. MCI then submitted its report, citing various reasons and that report, in turn, was forwarded to the OC for its guidance. The OC approved of the scheme submitted by the petitioner college for the academic session 2016-17 vide letter dated 29.08.2016, subject to certain conditions. On the 3 basis of the approval of the OC, the respondent No.1 Central Government issued a Letter of Permission on 12.09.2016 in favour of the petitioners’ college for the academic session 2016-17, with conditions imposed by the OC. Assessment and verification of compliance was undertaken by MCI which submitted its report on the basis of the inspection. The Executive Committee of the MCI, in its meeting held on 22.12.2016, noticed the deficiencies and decided to send a negative recommendation to the Ministry. The Ministry/Director General of Health Services (for short “DGHS”) then afforded personal hearing to the college on 17.01.2017. The Hearing Committee did not accept the explanation offered by the petitioner college and submitted its negative finding. The said report was forwarded to the OC for guidance. The OC, in turn, vide letter dated 14.05.2017 conveyed its opinion to the Ministry in which it observed thus:

4. On 01.08.2017, this Court called upon the respondent No.1 Central Government to reconsider the materials on record pertaining to the issue of confirmation, including the letter of permission granted to the petitioners’ college, as was the case of other colleges whose matters were heard together by this Court. Pursuant to the said directions, the Ministry afforded a personal hearing to the petitioner college on 04.08.2017. The Hearing Committee made favourable observations with regard to the 5 deficiencies and while recommending to the Ministry to confirm the conditional permission granted to the college in 2016-17, however recommended not to permit the petitioners’ college to admit students in the MBBS course for the academic session 2017-18 and to apply afresh for renewal of permission for the academic session 2018-19, as per MCI Regulations. On the basis of the said recommendation, the Ministry passed an order on 10.08.2017. The relevant portion of the said order reads thus:

In view of the above, the Committee is of the opinion that the deficiency of faculty and residents is marginal. The submission of the college regarding medical camp on the day of assessment as a result of which 10 doctors could not be available for head count seems bonafide but cannot be confirmed. In such case debarring the college for two years seems excessive even though the recommendation is as per the conditions of OC approval.

The committee recommends that conditional LoP for 2016-17 may be confirmed. No fresh batch for 2017-18 may be allowed. The college may apply for renewal permission to MCI for the session 2018-19.

10. We, accordingly, quash and set aside the impugned decision to the extent it bars the petitioners to admit upto 150 students for the academic session 2017-18. Instead, we direct the respondents to permit the petitioners’ 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 petitioners’ college, however, will stand extended till 5 th September, 2017. The respondents shall make available students willing to take admission in the petitioners’ 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 1st year MBBS course for the academic session 2017-18, in order of their merit in NEET examination, will get an opportunity 11 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 petitioners’ college as and when deemed fit and, if any deficiency is found after giving opportunity to the petitioners’ college, it may suitably proceed against the said college in accordance with law. This arrangement will subserve the ends of justice.

11. No order as to costs.

……………………………….CJI.

Dated: August 31, 2017.