Case: Subharti Medical College Vs. Union of India &amp; Others

2. To recapitulate the facts in brief it is stated that thehad moved an application for consideration of increase inseats in the Departments of Orthopedics and Ophthalmology for the Academic YearAt present theis having four seats in Ophthalmology and two seats in Orthopedics. Request for increase in seats was considered by the Medical Council of India after carrying out the due inspection and the facilities etc. available with theand the Executive Committee passed the orders granting permission for increase in theseats from four to six in MS(Ophthalmology) and two to five in MS(Orthopedics). A letter dated 21.02.2017 to this effect was addressed by the Central Government to theand as per requirement thewas called upon to submit the requisite Bank Guarantee for the aforesaid purpose. According to the petitioner, the said letter was received only 28.02.2017 and within three days i.e. 03.03.2017 thesubmitted the Bank Guarantee. The respondents did not respond thereto immediately but only on 03.05.2017 the request of thewas rejected on the ground that the condition for furnishing thewas not fulfilled by due date i.e. 28.02.2017.

Court's reasoning:
4. We find force in the aforesaid submission of the learned counsel for theIt may be stated that Rule in this case was issued on 26.05.2017 when the counsel for the respondents was also present. Till date no reply has been filed and there is no denial of the averment, which is specifically made in the petition that letter dated 21.02.2017 was received by theonly on 28.02.2017.