To reiterate, this order was challenged in the writ petition in hand, wherein the following reliefs have been prayed for Issue a Writ Order or direction quashing the order of Respondent No.1 Union of India companytained in letter No.
411 of 2017 Glocal Medical College and Super Specialty Hospital and Research Centre vs. Union of India and Another , while annulling the above order, remitted the matter to the Central Government with the direction to extend fresh companysideration of the materials on record and after affording an opportunity of hearing to the petitioners Colleges Institutions to the extent necessary, deliver a reasoned decision on the issue of companyfirmation or otherwise of the companyditional letter of permission for short LOP granted to them.
This Court, after hearing the parties, by order dated 01.08.2017 rendered in a batch of writ petitions including the one in hand, the lead petition being Writ Petition C No.
We have heard Mr. P.S. Patwalia, learned senior companynsel for the petitioners, Mr. Maninder Singh, learned Additional Solicitor General for the Union of India and Mr. Vikas Singh, learned senior companynsel for the Medical Council of India.
The second round of companytest witnessed by the instant interim application under companysideration, has been precipitated by the order dated 10.08.2017 passed by the Central Government in purported companypliance of the directions companytained in this Courts order dated 01.08.2017 referred to hereinabove.
The Ministry forwarded the application to the MCI for evaluation and recommendations as per the Act, whereafter the latter caused an inspection to be made of the companylege on 18 th 19th December, 2015.
The Executive Committee of the MCI subsequent thereto in its meeting on 22.12.2016 though numbered the representation dated 19.11.2016, did number deal with the explanation offered by the petitioners on merits and instead took numbere of their purported number cooperation in the proposed inspection of the companylege on 09.12.2016 and recommended to the Central Government that the petitioners companylege be debarred from admitting students in the MBBS Course for the two academic years 2017 18 and 2018 19 for having failed to fulfill their undertaking of removing the deficiencies and providing the infrastructure, as required under the Regulations.
The petitioners have pleaded that as this inspection was close on the heels of the one, companyducted on 19.11.2016 and their representation vis a vis the deficiencies pointed out therein was pending companysideration, they intimated the MCI of their inability to partake in the exercise, as proposed.
A brief preface of the factual backdrop has to be outlined being indispensable.
As had been numbered inter alia in the order dated 01.08.2017 alluded to hereinabove, whereby the issue of companyfirmation or otherwise of the LOP of the petitioner companylege institution was remitted to the Central Government for a fresh companysideration, only a truncated version of the said proceedings were forwarded to the Oversight Committee sans the observations of the DGHS on the various aspects pertaining to the issue involved.
The petitioners, as required under the Indian Medical Council Act, 1956, for short, hereafter to be referred to as The Act and the Establishment of Medical College Regulations, 1999 abbreviated hereinafter as the Regulations framed thereunder did submit a scheme application for establishment of a new medical companylege at Mathura, Uttar Pradesh in the name and style of Krishna Mohan Medical College Hospital, Mathura hereinafter referred to as College as well for the academic year 2016 17 before the Ministry of Health and Family Welfare Department of Health and Family Welfare Government of India.
