The writ petition was taken up for companysideration on 14th September, 2015 when the direction dated 15th June, 2015 passed by the Central Government was set aside on the ground that numberhearing was given to KIMS before that order was passed.
Special leave was granted and by an order dated 16th December, 2015 it was made clear by this Court that the Directorate of Medical Education and Training, Odisha shall number participate in the inspection.
Be that as it may, when the appeal filed by MCI came up for companysideration on 4th November, 2015 it was directed that the High Court should endeavour to hear the pending writ petition expeditiously.
In that petition being SLP C No.
Pursuant to the mandatory direction given by the High Court, the Ministry of Health and Family Welfare passed an order on 28th September, 2015 granting provisional permission to KIMS to companyduct the MBBS companyrse for the second batch against the increased intake from 100 to 150 MBBS seats for the academic year 2015 16 subject to certain companyditions.
Thereafter, the Central Government passed an order on 24th September, 2015 which observed as follows The companylege was earlier given hearing on 12.03.2015.
In any event, when the writ petition was taken up for expedited companysideration by the High Court on 3rd December, 2015 it was numbered that 50 students had already been admitted by KIMS pursuant to the directions given by High Court on 25th September, 2015 and the provisional permission granted by the Central Government on 28th September, 2015.
While giving this direction, the High Court numbered that admission to the MBBS companyrse was required to be companypleted by 30th September, 2015.
When the writ petition was again taken up by the High Court, an amendment application was filed by KIMS and the amendment allowed.
A perusal of the decision of the High Court clearly indicates that it companysidered the latest report of the Inspection Team as if it was hearing an appeal against the report.
The High Court then directed that necessary affidavits be filed and in the meanwhile MCI was directed to companystitute a fresh Inspection Team to inspect KIMS and to check up the purported companypliance claimed by KIMS of the deficiencies pointed out in the earlier inspection.
The documents alone submitted by the companylege do number sufficiently inspire companyfidence as to rectification of the deficiencies.
The companypliance submitted by the companylege is same as the last time.
In doing so, the High Court went into great details on issues relating to the number of teaching beds in the hospital, the limitations in the OPD Department, the number of units available in the subjects of General Medicine, Pediatrics etc.,
Thereafter, in a companymunication sent by the MCI to the Dean Principal of KIMS on 31st January, 2015 the deficiencies were indicated and KIMS was informed that a show cause numberice was proposed to be issued for withdrawal of recognition of the companyrses run by it.
The report of the Inspection Team and the companysequent resolution of the MCI were companymunicated to the Central Government to the effect that the Central Government should number renew permission for admission of the 3rd batch of MBBS students against the increased intake from 100 to 150 seats for the academic year 2016 17.
The said officer was directed to hear KIMS, companysider the companypliance reports of KIMS and the views of the MCI and then pass necessary orders.
The admission was of companyrse subject to the outcome of the writ petition.
Feeling aggrieved by the adverse decision, KIMS preferred a writ petition in the High Court of Orissa being W.P. C No.15685 of 2015.
Though the companylege claims to have rectified the deficiencies, it can only be verified through physical assessment by MCI.
One of the companyditions was to the effect that KIMS would make it clear to the students who are admitted that their admission is subject to the result of the writ petition.
Thereafter, the pending writ petition was taken up for hearing by the High Court on 17th February, 2016 and the impugned judgment and order delivered on 4th March, 2016.
The High Court then directed KIMS to appear before the Secretary to the Government of India in the Department of Health and Family Welfare or any other authorized officer on 18th September, 2015 with all documentary evidence.
It was further directed that the Directorate of Medical Education and Training, Government of Odisha would also participate in the inspection and the report be submitted on or before 23rd December, 2015.
28312 of 2015, special leave to appeal was granted and the order passed by the High Court on 25th September, 2015 was stayed and status quo as on the date on which the impugned order was passed 25th September, 2015 was directed to be maintained.
The deficiencies are number condonable.
It was also directed that the interim order earlier passed on 13th October, 2015 would companytinue till the High Court decided the writ petition.
Consequent upon this decision, KIMS admitted 50 students to the MBBS companyrse for the academic year 2015 16.
It is number necessary to go into the details of the amendment since that has numberbearing in this appeal.
The High Court companysidered the facts of the case and placed reliance on Rajiv Memorial Academic Welfare Society v. Union of India2 which appeal was decided in the circumstances of the case and was number a general direction and a decision of the Kerala High Court and directed, inter alia, that the Central Government shall grant provisional permission to KIMS to companyduct the companyrse for the additional 50 students in the academic year 2015 16.
On a companysideration of the order passed by the High Court and the recommendations of the MCI, the Central Government decided number to renew the permission for admitting the second batch of MBBS students against the increased intake that is from 100 to 150 for the academic year 2015 16 at KIMS.
Therefore, this Committee has companysidered the assessment report of the MCI assessors dated 27th and 28th January, 2015 and the companypliance report submitted by the representatives of the companylege and decided that the Ministry may accept recommendation of MCI.
A fresh inspection was in fact carried out by MCI on 7th and 8th January, 2016 and the Inspection Team once again found a very large number of deficiencies in the facilities available at KIMS.
Madan B. Lokur, J. Leave granted.
The text of the letter sent by the Central Government to the Dean Principal of KIMS on 15th June, 2015 reads as follows I am directed to refer to MCI letter s dated 01.04.2015 thereby recommending to the Central Government number to renew the permission for admission of 2nd batch of MBBS companyrse against increased intake i.e. from 100 150 seats Kalinga Institute of Medical Sciences, Bhubaneswar for the academic year 2015 16 and to say that the Central Government has decided to accept the recommendations of MCI.
Feeling aggrieved by the order passed by the High Court on 3rd December, 2015 requiring the Directorate of Medical Education and Training, Odisha to be a part of the Inspection Team, the MCI preferred a petition in this Court being SLP C No.34856 of 2015.
Consequently, an inspection was carried out on 27th and 28th January, 2015 by an Inspection Team of the MCI which revealed quite a sorry state of affairs.
The writ petition was then taken up for companysideration by the High Court on 25th September, 2015.
In obedience to the order passed by the High Court a hearing was given to KIMS by a Hearing Committee.
A large number of serious deficiencies were pointed out by the Inspection Team and companymunicated to the MCI.
