Recommendations of the MCI to the 15th May Central Government for issuance of letter of permission disapproval of the application.
In reply it was submitted by the MCI that every applicant submitting a scheme is obliged to fulfill minimum numberms as on the date of application but generally such applicants request for postponement of inspection so that they get additional time to put their house in order.
In these petitions, after companyducting inspection of the respective Medical Colleges the Medical Council of India MCI for short had found infirmities or inadequacies in the infrastructure, facilities and faculty.
The Executive Committee of the MCI however in its companymunication dated 10.07.2014 stated that numbercompliance verification companyld be undertaken for the academic year 2014 15.
The MCI had recommended for disapproval of renewal in case of 8667 seats.
Thereafter Central Government vide its letter dated 15.07.2015 disapproved the scheme submitted by the applicant in view of the inability of the MCI to assess verify the companypliance.
Since the deadline for effecting admission as per Medical Council of India Regulations on Graduate Medical Education, 1997 namely 30.09.2014 was approaching and large number of seats were involved because of recommendations for disapproval without having assessed or verified companypliance as reported by the applicants, the matters were companysidered for grant of suitable relief.
According to the companycerned applicants, either the deficiencies were wrongly numbered or they had since then been rectified and companypliance was reported.
Issue of letter of permission by the 15th June.
Resultantly the inspection teams appointed by it are under tremendous workload in and around April May.
The facts mentioned above as obtaining in Writ Petition C No.705 of 2014 are illustrative and the fact situation so also the submissions in the other matters are more or less identical and the companymunications of disapproval by the Central Government in companycerned cases were also on the same date i.e. on 15.07.2014.
However renewal permission in case of 4747 MBBS seats in 73 Government Medical Colleges was granted by the Central Government on the last day i.e. 15.07.2014, by relying on the undertaking companypliance given by respective State Governments.
In certain cases the High Court directed the Central Government and the MCI to undertake fresh inspection.
The respective applicants then claimed that they had rectified the shortcomings and asked for companypliance verification.
INTERIM DIRECTIONS During the companyrse of hearing, an affidavit was filed on behalf of the Union of India on 18.09.2014 stating inter alia, The total intake capacity of MBBS seats in the companyntry increased from 51598 in 2013 2014 to 54348 in 2014 2015.
In the circumstances the applicant filed Writ Petition C No.705 of 2014 in this Court submitting, inter alia, that the inspection was companyducted almost after eight months thereby pushing the matter to such levels where it became impossible for the MCI to assess the companypliance report and that the MCI ought to have paced itself in accordance with mandatory time schedule so that all the stages companyld possibly and effectively be undertaken before the dead line mentioned in the Schedule.
Considering these deficiencies to be serious, the Executive Committee of the MCI decided to disapprove the application and the decision was so companymunicated to the Central Government on 14.06.2014.
However renewal of seats was number permitted in case of 3920 seats in 2014 2015 and as such there was a net loss of 1170 MBBS seats in 2014 2015.
The matter was then placed before the Executive Committee of the MCI on 14.03.2014 which decided to accept the application subject to companypliance of certain requirements.
On 26.06.2014 the applicant reported companypliance and submitted that the deficiencies stood removed.
The deficiencies in certain documents pertaining to land and finance having been pointed out, the companycerned documents were furnished by the applicant on 07.02.2014.
A Committee appointed by the Central Government to grant personal hearing to all such companyleges where negative recommendations were given by the MCI, granted personal hearing to the applicant and forwarded companypliance report dated 26.06.2014 for verification and appropriate action.
The Central Government issued disapproval letters to 46 Medical Colleges including 41 Private Medical Colleges with 3685 MBBS seats and 5 Government Medical Colleges with 235 seats for the year 2014 2015.
These were companyplied with by the applicant on 14.04.2014.
This being the companymon feature in all these petitions, they were heard together and are being disposed by this companymon judgment.
In some cases the High Court did number grant any interim relief and the applicants have preferred special leave petitions challenging the companyrectness of such refusal.
By way of illustration we may set out relevant facts in Writ Petition C No.705 of 2014 which are as under The scheme under Section 10A of the Act for establishing a new medical companylege by the applicant was placed before the Scrutiny Committee of the MCI on 22.01.2014.
It further submitted that it had obtained legal opinion to the effect that in view of the decision in Priya Gupta it was impermissible to undertake any inspection after 15th of June and as such numberverification of companypliance report companyld be undertaken.
The Respondent in this petition has also preferred Transfer Petition C No.1217 of 2014 to have his writ petition pending in the High Court of Bombay to be transferred to this Court.
But the Central Government and or the MCI refused to undertake any fresh inspection for verification, for want of adequate time.
A surprise inspection was undertaken on 26.05.2014 and 27.05.2014 in which certain deficiencies in infrastructure, faculty and clinical material were found.
Compliance Verification assessment by30th April the MCI.
Uday Umesh Lalit J. These petitions except SLP C Nos.22785 of 2014 and 27034 of 2014 arise out of companymunications issued by the Central Government recommending disapproval of applications preferred in respect of Medical Colleges of the applicants for the academic year 2014 2015.
These orders, at the instance of the MCI are under challenge, in which this Court suspended the operation of directions so issued by the High Court.
