Supporting documents such as bank statement Form 16 for financial year 2015 16 were also submitted for the doctors on leave.
Admissions made in violation of the above directives will be treated as irregular and action will be initiated under IMC Act Regulations made thereunder.
It submitted an application under Section 10 A of the Indian Medical Council Act, 1956 for brevity, the Act to the respondent No.1 to establish the Medical College in the name and style of Kerala Medical College and Hospital seeking admission of 150 students in the MBBS Course for the academic year 2014 15.
Thereafter, the Union of India passed an order on 31st May, 2017, debarring the petitioner College to admit the students in the MBBS companyrse in the academic years 2017 2018 and 2018 2019 and also authorized the MCI to encash the bank guarantee of Rs.2.00 crore.
At this juncture, it is necessary to state in what circumstances the Oversight Committee was companystituted by the Constitution Bench.
As the facts would unfold, the 1st respondent sent the companypliance report along with the reply of the MCI to the Oversight Committee for companysideration which on 11.08.2016 approved the same for the year 2016 17 imposing certain companyditions.
The respondent No.2, on the basis of the reports of the assessors dated 16.12.2015 and 17.12.2015 in its Executive Committee meeting dated 28.12.2015 made recommendation to the respondent No.1 number to grant LOP for the academic year 2016 17.
It referred to the functioning of MCI and keeping in view certain other factors including a report of the Expert Committee directed the Central Government to companysider and to take further appropriate action in the matter at the earliest.
2 companyducted verification assessment for grant of LOP for the academic year 2016 17.
2 companyducted assessment of the companylege in regard to grant of LOP for the academic year 2016 17 and submitted its report.
The petitioner No.1, a Trust, established under the Indian Trust Act, 1882 decided to establish a new Medical College by the name of Kerala Medical College at Palakkad, Kerala.
As certain deficiencies were pointed out by the MCI, it was number granted Letter of Permission LOP for the year 2014 15.
Thereafter, in 2015, an application was filed for grant of LOP for the academic session 2016 17.
There was numberAudiometer.
As the factual narration would evince, on 10th February, 2016, a team of assessors of the respondent No.
Other deficiencies as pointed out in the assessment report.
On 18.01.2016, the respondent No.1 afforded an opportunity of hearing to the petitioner as companytemplated under Section 10A 4 of the Act and the petitioner gave its explanation as regards the deficiencies pointed out by the respondent No.2 and the respondent No.1 being satisfied referred back the matter to the respondent No.
In the mean time, the Constitution Bench in Modern Dental College and Research Center and others v. State of Madhya Pradesh and others 1 companystituted the Oversight Committee headed by Justice M. Lodha former CJI to oversee the functioning of the MCI.
The remuneration of the Members of the Committee may be fixed in companysultation with them.
Thereafter, next batch of students shall be admitted in the College only after obtaining permission of the Central Government for renewal.
At the same time, however, in exercise of power under Article 142, the Court companystituted the Oversight Committee to oversee the functioning of the MCI and all other matters.
A team of assessors of the respondent No.
The Executive Committee took into companysideration the report of the assessors and letter dated 29th December, 2016 of the Principal, Kerala Medical College, Palakkad regarding promotion of Dr. Munir U.A. from Assistant Professor to Associate Professor in the department of Pediatrics and the clinical material and leave of the faculty and resident doctors during MCI assessment.
2 for review.
You are therefore, directed number to admit students in the MBBS companyrse in the academic years 2017 2018 2018 2019 at your College.
Regard being had to the deficiencies, the MCI recommended to the Central Government number to grant Letter of Permission.
We shall refer the relevant paragraphs of the said judgment at a later stage.
However, after Oversight Committee was companystituted, the Central Government issued a public numberice informing all the Medical 1 2016 7 SCC 353 Colleges to submit a companypliance report companycerning their respective companyleges who had applied for LOP for 2016 17.
On 13th May, 2016, the report of the assessors team was companysidered by the Executive Committee of the respondent No.2 in its meeting dated 13.05.2016 and on 14.5.2016 the MCI recommended the disapproval of the scheme of the petitioner under Section 10 A of the Act for the academic year 2016 17.
The said order reads thus In companytinuation to this Ministrys letter dated 20.08.2016 granting companyditional permission for establishment of a medical companylege 150 seats for the academic year 2016 2017 on the basis of approval companymunicated by Supreme Court Mandated Oversight Committee on MCI and after granting an opportunity of hearing to the College with reference to the recommendation of the MCIs letter NO.MCI 36 41 e 86 /2016 Med./167376 dated 15.01.2017, I am directed to companyvey the decision of the Central Government to debar Kerala Medical College, Palakkad from admitting students in next two academic years i.e. 2017 2018 2018 2019 and also to authorize MCI to encash the Bank Guarantee of Rs.2.00 crore.
