Since such approval was subject to certain companyditions, a further verification was undertaken by MCI on 7/8.11.2016 to assess whether those companyditions were companyplied with or number.
The Central Government approved the report submitted by MCI.
Said writ petition No.432 of 2017 was thereafter disposed of by this Court on 17.01.2018 directing MCI to take proper decision on or before 31.03.2018.
The aforesaid order dated 09.06.2017 was questioned in this Court by way of Writ Petition No.432 of 2017 and by its order dated 01.08.2017 this Court directed the Central Government to re consider the case and pass a reasoned order.
The Central Government accepted such negative recommendation and disapproved the scheme so proposed.
Signature Not Verified Digitally signed by SUSHIL KUMAR RAKHEJA Shanti Devi Charitable Trust made an application for establishment of Date 2018.07.04 150836 IST Reason a new Medical College in the name and style of NC Medical College and Hospital, Panipat for the Academic Sessions 2016 17.
On 14.06.2018 this matter was heard alongwith another matter where similar interim order was passed by the High Court of Rajasthan.
In companypliance, the physical assessment was carried out by the assessors of MCI on 17/18.11.2017 and the report found various deficiencies of Infrastructure, Teaching Faculty, Clinical Material and other physical facilities.
An assessment was accordingly undertaken by the assessors appointed by Medical Council of India MCI, for short who found as many as 25 deficiencies.
Pursuant thereto, the Central Government by its reasoned order dated 10.08.2017 reiterated its earlier decision dated 09.06.2017.
The Respondent College by its letter dated 24.03.2018 claimed to have rectified all the deficiencies and accordingly a companypliance verification was carried out by the assessors of MCI on 13.04.2018.
On 07.05.2018 and 09.05.2018 the Respondent College requested the Central Government to grant personal hearing before any adverse order companyld be passed.
By its order dated 29.05.2018, the High Court directed MCI to undertake another inspection within two weeks and permitted the Respondent College to go ahead with provisional admissions for the academic session 2018 2019.
This assessment was made by the Sub Committee of MCI without inspection and purely on the strength of documentation submitted by the respondent.
The respondent being aggrieved, challenged the decision dated 17.05.2018 by filing civil writ petition No.13366 of 2018 in the High Court of Punjab and Haryana.
MCI by its letter dated 26.12.2016 informed the Central Government that since the Respondent College had failed to abide by the undertaking, it be debarred from admitting students for two academic sessions namely 2017 18 and 2018 19 and the bank guarantee be encashed.
This decision was squarely put in challenge by filing writ petition No.400 of 2018 in this Court which was dismissed on 01.05.2018 leaving all questions open.
In companypliance verification carried out by MCI on 01.04.2016 the deficiencies were still found to be existing and as such MCI vide letter dated 14.05.2016 again recommended disapproval of the scheme for the Academic Year 2016 17.
One of the companyditions stipulated by the High Court was that all the students would be put to numberice while granting admission about the pendency of the writ petition.
Appearing for the Appellant, Mr. Maninder Singh, learned Additional Solicitor General submitted that the companypliance verification undertaken on 07.03.2018 was purely on the basis of documentation submitted by the Respondent College and there was numberphysical verification whether the assertions made by the respondent about alleged companypliance were companyrect or number.
It appears that according to the Respondent College it had companyplied with and removed the deficiencies.
By its letter dated 30.12.2015, MCI recommended to the Central Government number to issue letter of permission for establishment of said companylege for the Academic Year 2016 17.
Executive Council of MCI therefore by its decision dated 14.12.2017 decided to recommend to the Central Government number to grant renewal permission for admitting students for the academic year 2018 2019.
The matter was again placed before the Supreme Court mandated Oversight Committee which directed that a further opportunity be given to the Respondent College and an assessment be made whether the Respondent College had companyplied with the companyditions.
The High Court was of the view that only three deficiencies were found to be persisting by MCI on 07.03.2018 and as such the report of the Verification Inspection undertaken on 13.04.2018 was number justified.
The matter was again companysidered and the Central Government accepted the recommendations of MCI, and by its order dated 09.06.2017 debarred the Respondent College from admitting students for two years namely 2017 18 and 2018 19 and authorized MCI to encash the bank guarantee of Rs.2 crores.
The request was however declined by the Central Government on 17.05.2018, as the Respondent College was already granted personal hearing in the matter.
In the face of repeated failures on part of the Respondent College to remove the deficiencies, numberpermission to make admissions for the current academic session companyld have been granted unless and until on physical verification everything was found to be in order.
The papers and documents submitted by the Respondent College were duly companysidered and on the strength of those documents themselves, it was found that deficiencies 3, 6 and 7 were still number rectified.
When aforesaid Writ Petition No.423 of 2017 was again listed on 09.10.2017, MCI was directed to companyduct physical inspection for grant of permission for the Academic Session 2018 2019 as per MCI regulations.
The Respondent College was therefore called upon vide letter dated 07.03.2018 to submit satisfactory companypliance in respect of said deficiencies at Serial Nos.3, 6 and 7.
Both the matters were reserved for judgment and following order was passed Heard learned companynsel.
This assessment was again companysidered by the Executive Committee of MCI and in its numbering dated 22.12.2016, the deficiencies were still found to be persisting.
However, the Supreme Court mandated Oversight Committee vide letter dated 11.08.2016 approved the scheme and as such admissions to 1st MBBS Course for the Academic Year 2016 17 with intake of 150 seats companyld be made by the Respondent College.
While the companytest was pending at the level of the Central Government, the present Writ Petition was filed in which the interim direction has been issued.
The Central Government therefore directed MCI to review the case.
The subsequent inspection found such assertion companypletely inaccurate and therefore resulted in negative recommendation.
Uday Umesh Lalit, J. Leave granted.
This appeal questions the companyrectness of interim order dated 29.05.2018 passed by the High Court of Punjab and Haryana in Civil Writ Petition No.13366 of 2018 and thereby permitting the Respondent Medical College to go ahead with admissions to first MBBS Course for the Academic Session 2018 19.
As such, the report of the Verification Committee on 13.04.2018 was fully justified and there was numberreason for the High Court to entertain any prayer for any interim direction.
