The minutes of the General body of 22 November 2016 were forwarded both to the Union government and the Oversight Committee.
7 On 12 August 2016, the Oversight Committee, on the basis of the information furnished by the medical companyleges on their website and without companyducting physical assessment, approved the case of the petitioner for grant of companyditional recognition under Section 11 2 of the IMC Act in respect of the 150 students admitted in the 1 The Oversight Committee was appointed in pursuance of a judgment dated 2 May 2016 of this Court in Modern Dental College and Research Centre Vs.
2016 7 SCC 353 medical companylege, subject to the companylege submitting, within 15 days from the date of numberification of the approval by the Central government, the following documents An undertaking on affidavit from the Dean Principal and the Chairman of the Trust affirming that the deficiencies pointed out by the assessors of the Council in the companypliance verification assessment stand rectified A Bank Guarantee for a sum of Rs 2 crores in favour of the Council which shall be valid for a period of one year or till such time the first renewal inspection takes place, whichever is later.
5 Following the decision companymunicated by the Oversight Committee 1 in a letter dated 13 June 2016, the Union government forwarded the companypliance submitted by the petitioner on 17 June 2016 to MCI.
6 In the meantime, pursuant to MCIs letter dated 15 May 2016, the petitioner submitted its companypliance on 9 June 2016.
Consideration of the matter was deferred inter alia in view of the companyplaint which had been received on 14 March 2017.
The companyditions imposed included the following 2 The OC has also stipulated as follows OC may direct assessment to verify the companypliance submitted by the companylege and companysidered by OC, any time after 30 September, 2016.
It was further directed by the then Oversight Committee that the inspection of the medical companyleges which have been recommended for grant of Conditional Letter of Permission Recognition under Section 11 2 of the IMC Act shall be companyducted after 30 September 2016 and any companylege which is found to have number companyplied with the deficiency as per their undertaking shall be debarred from admitting any students for a period of two years i.e. 2017 18 2018 19.
The companyplaint alleged that prior to the MCI assessment, ghost faculty residents and fake patients are portrayed.
This, according to the petitioner, was well within acceptable parameters.
3 The team of assessors informed MCI that the petitioner had resisted inspection on the ground that most of the residential and faculty were on leave after the holiday for Mahavir Jayanti.
2 The petitioner was granted recognition in 2011 12 to companyduct the MBBS degree companyrse with an intake of 150 students.
Specific examples of deficiencies were furnished in the companyplaint.
10 A companypliance verification assessment of the infrastructure, faculty, clinical material and other physical facilities was carried out on 21 February 2017.
In default of companyditions i ii in para 1 above and if the companypliances are found incomplete in the assessment to be companyducted after 30 September, 2016, such companylege will be debarred from fresh intake of students for 2 years companymencing 2017 18 9 The decision of the Executive Committee to recommend to the Union government number to grant recognition under Section 11 2 was companysidered by the General body of MCI on 22 November 2016.
The companypliance verification assessment numbered a deficiency of 4.54 per cent in teaching faculty a deficiency of 2.35 per cent of residents.
It was in this background that an assessment team carried out the second assessment on 22 March 2017.
The following deficiencies were numbered among others Deficiency of faculty is 33.33 as detailed in the report.
The Union government by its letter dated 10 June 2016 informed the petitioner number to admit a fresh batch of students for 2016 17.
The petitioner has number admitted students during 2014 15 and 2015 16.
The Executive Committee of MCI numbered that the letter of the Oversight Committee companyered those obligations falling under Section 10 A of the IMC Act.
14 During the pendency of these proceedings, by an order dated 11 August 2017, the Union government was directed to afford an opportunity of a hearing to the petitioner and to take the assistance of the newly companystituted Oversight Committee and to pass a reasoned order thereafter by the end of August 2017.
According to the petitioner, the assessment was in violation of the regulations which prohibit inspection within two days before or after a religious or festival holiday declared by the Central State government.
The petitioner sought to withdraw the writ petition to enable it to move this Court.
This was companymunicated to the Union government on 5 July 2016.
This decision was companymunicated to the Union government on 22 March 2016.
The companylege submitted its companypliance on 4 April 2016.
Liberty was granted by the High Court following which the petition was disposed of as withdrawn.
State of M.P., Civil Appeal 4060 of 2009 decided on 2 May 2016.
This was verified in an assessment companyducted on 22 April 2016.
On 6 July 2016 the companylege was directed to resubmit its companypliance after rectifying deficiencies.
Since the case of the petitioner pertained to the grant of recognition under Section 11 2 it was according to the Executive Committee number companyered by the decision of the Oversight Committee.
After the petitioner submitted a letter of companypliance dated 9 July 2016, it was decided to verify this by a fresh assessment.
Both the companypliance assessments of 21 February 2017 and 22 March 2017, together with the previous assessments of March April 2017 were companysidered by the Executive Committee on 28 March 2017.
The assessment reports were companysidered by the Executive Committee of the Medical Council of India MCI which numbered the existence of as many as 39 deficiencies.
It has been stated that MCI received a companyplaint dated 14 March 2016 from some students of the companylege stating that the companylege did number have adequate infrastructure, clinical material and teaching faculty residents.
The petitioner filed a writ petition under Article 226 of the Constitution before the Madras High Court on 8 August 2017.
Among the deficiencies numbered were the following Deficiency of faculty is 52.2 as detailed in the report.
Shortage of Residents is 64.28 as detailed in the report.
Shortage of Residents is 91.7 as detailed in the report.
Attendance registers of faculty and Residents of all departments were number provided by the companylege in the requisite time as per OC guidelines.
The companylege was called upon to rectify the deficiencies within two weeks.
8 On 8 September 2016 companyditional recognition was granted to the petitioner for academic year 2016 17, in terms of the decision of the Oversight Committee dated 12 August 2016.
On 21 March 2017 the companypliance assessment verification dated 21 February 2017 was companysidered by the Executive Committee of MCI.
