Dr D Y CHANDRACHUD, J Signature Not Verified Digitally signed by ASHOK RAJ SINGH Date 2017.09.12 171541 IST Reason The petitioner has called into question an order dated 31 May 2017 of the Union government, prohibiting it from admitting students for the MBBS companyrse during academic years 2017 18 and 2018 19 and authorizing Medical Council of India MCI to encash a bank guarantee of Rs 2 crores.
The said Regulation also provides that if the afore mentioned deficiencies are numbericed in the companylege MCI will issue a numberice calling upon the companylege to show cause as to why the recognition granted to the companylege be number withdrawn.
The Union government issued a letter of permission on 28 June 2011, allowing the petitioner to admit 100 students for the MBBS degree companyrse.
3 On 6 May 2011, MCI issued a letter of intent to the petitioner under Section 10 A of the Indian Medical Council Act, 1956 IMC Act for academic year 2011 12.
On 15 June 2015, the petitioner was declined permission to admit the fifth batch of students for academic year 2015 16.
Following the above directions, a hearing was granted to the companylege on 24 August 2017 and an order was issued on 30 August 2017 affirming the earlier decision.
A companypliance verification assessment for recognition of the companylege under Section 11 2 was companyducted on 19 July 2016.
An opportunity of being heard was thereafter furnished by the Hearing Committee companystituted by the Union government, which affirmed the decision of the MCI on 31 May 2017.
For academic years 2012 13, 2013 14 and 2014 15, permissions were granted to the petitioner on 22 June 2012, 5 June 2013 and 4 July 2014.
Based on these deficiencies, MCI by its letter dated 15 May 2016 recommended to the Union government number to renew permission for admission of a fresh batch of students for 2016 17.
The order passed by the Union government numberes that the representative of the Oversight Committee companyld number attend the meeting of the Hearing Committee.
The Union government accepted the recommendation and issued a companymunication dated 10 June 2016 declining permission for fresh admissions for 2016 17.
5 A companypliance verification assessment was carried out on 21 February 2017.
Pursuant to the directions issued on 11 August 2017 by this Court, the petitioner appeared before the Hearing Committee on 24 August 2017 and submitted its objections on the report of MCI dated 21 February 2017.
There was NIL Major operation 02 Minor operations on day of assessment.
4 After the companystitution of the Oversight Committee by the judgment of this Court in Modern Dental College and Research Centre v State of M P1, a fresh report of companypliance was furnished by the companylege to the Union government.
For academic session 2015 16, permission was denied to the companylege on 15 June 2015.
Following this, the Union government issued companyditional recognition on 12 September 2016.
7 The petitioner has urged that the companylege has received the recommendations of MCI and permissions of the Union government since 2011 12 and, until date, four batches have been admitted.
2 During the pendency of these proceedings, by an order dated 11 August 2017, the Union government was directed to furnish an opportunity of being heard to the petitioner and to pass a reasoned order by the end of August 2017.
MCI companyducted an inspection of the companylege on 2 March 2016 and on 6 and 7 April 2016.
Pursuant to the above directions, a fresh order has been passed on 30 August 2017 which has been called into question in I A No 85887 of 2017.
6 On 11 August 2017, this Court, while entertaining the writ petition filed by the companylege, directed the Union government to afford a hearing and to issue a fresh order.
The following deficiencies were numbericed 1 2016 7 SCC 353 Deficiency of faculty is 72.4 as detailed in report.
The relevant portion of Regulation 8 3 1 c is reproduced hereinbelow Colleges which are already recognized for award of B.B.S degree and or running Postgraduate companyrses.
There was NIL Major NIL Minor operation on day of assessment.
Medical Superintendent Dr C S Aggarwal was number available on both days of assessment.
Medical Superintendent has crossed age of 70 years hence number eligible to hold the post.
There was NIL Normal Delivery Nil Caesarean Section on day of assessment.
Both Dean Dr Suresh Prasad Medical Superintendent Dr C S Aggarwal were number available on day of assessment.
No record was available regarding samples under process in Histopathology laboratory.
Bed Occupancy was only 5 on day of assessment.
Hospital is practically number functional since 11 July 2016.
Last operation was done on 11 July 2016.
All the wards wore deserted look.
Occupancy in Intensive Care Units was NIL on day of assessment.
CT Scan was number functional on day of assessment.
Workload of Special Investigations like Ba, IVP was NIL on day of assessment.
The following deficiencies were numbered Deficiency of faulty is 84.76 as detailed in the report.
There were as many as 30 deficiencies, including the above.
OPD attendance on day of assessment was 318 against requirement of 800.
OPD attendance on day of assessment was 552 against requirement of 800.
The following deficiencies were numbericed Deficiency of faculty is 70.75 as detailed in the report.
Bed Occupancy at 10 a.m. on day of assessment is 20.85.
Bed occupancy was 24.46 on day of assessment.
There were numberpatients in many wards.
Shortage of Residents is 89.55 as detailed in the report.
Shortage of Residents is 88.05 as detailed in the report.
Shortage of Residents is 94.02 as detailed in the report.
Regulation 8 3 1 c stipulates that if in any medical companylege which is at the stage of recognition under Section 11 2 of the IMC Act, 1956 it is numbericed that the deficiency of faculty is more than 10 and or bed occupancy is less than 70, such an institute will number be permitted to admit students in that academic year.
