V.K.JAIN,J. - (1.) THE petitioner before this Court applied to the respondent-Medical Council of India vide letter dated 29.09.2012, to start MBBS course with 100 seats. No attempt was made by the respondent-MCI to carry out inspection of the hospital and medical college of the petitioner at any time prior to 28.05.2013. In fact, the respondent-MCI, at one point of time, informed the petitioner that its application had been lost/misplaced. Vide e-mail dated 27.05.2013, respondent-MCI appointed three Professors to carry out inspection of the medical college and hospital of petitioner on 29.05.2013 and 30.05.2013. Vide letter dated 29.05.2013, the petitioner requested MCI to carry out the inspection by second week of June sine their lecture hall, hostel, residential block and certain lab equipments were under completion. It was further stated in the said letter that all these pending works would be completed within a week. When the professors appointed by MCI went to the premises of the petitioner at Gajraula on 29.05.2013, they were not allowed to carry out inspection as would be evident from their report dated 29.05.2013, whereby they stated as under:- "We, the undersigned, members of Assessment Committee for inspection of Venkateshwara Institute of Medical Sciences, Gajraula, J.P. Nagar, U.P. with reference to your letter ­ MCI-34(41)/2013-Med dated: 24.05.2013 related to the above subject reached Gajraula today i.e. 29.05.2013 for inspection. But the college authorities are not in a position to undergo inspection which they informed (vide letter no. SVU/RO/12-13/630 dated 29.05.2013) and unable to take us for inspection of both college and hospital premises. Hence, we could not assess the physical and other teaching facilities and teaching faculties of Venkateshwara Institute of Medical Sciences, Gajraula, U.P."
(2.) VIDE circular dated 29.05.2013, MCI decided that considering the time schedule prescribed in the Regulations, no requests for postponement/rescheduling of the assessment would be entertained. It was further decided that in case any medical college applying for LOP/COR etc. requests for postponement/rescheduling or refuses to entertain the assessors because of absence of college authorities, MCI will not be able to accede to such request and will go with the scheduled inspection and assessment and will not further assess such college for the current session. Vide communication dated 03.07.2013, the respondent intimated the petitioner as under:- "I am directed to inform you that the assessment of the physical and the other teaching facilities available for establishment of new medical college at Gajraula, J.P. Nagar, Uttar Pradesh by Shri Venkateshwara University, Meerut, Uttar Pradesh u/s 10A of the IMC Act, 1956 for the Academic year 2013-14 was carried out by the Council's Assessors on 29th and 30th May, 2013. The assessment report was considered by the Board of Governors at its meeting held on 25th and 26th June, 2013 and it has been decided not to approve for establishment of new medical college at Gajraula, J.P. Nagar, Uttar Pradesh by Shri Vankateshwara University, Meerut, Uttar Pradesh." Being aggrieved from the refusal of the respondent to carry out inspection of its college and hospital, the petitioner filed this writ petition on 05.07.2013 and the writ petition was listed for the first time on 08.07.2013 for hearing, 06th and 07th July, 2013 being Saturday and Sunday respectively. The prayer made in the application is for a direction to the respondents to take all necessary steps, including inspection of the college for grant of letter of permission to start MBBS course for 150 seats for the Academic Session 2013-14.
(3.) IT has been submitted by the learned counsel for the petitioner that there is no rule or regulation, fixing any particular deadline for the purpose of inspection of the colleges/hospitals and in fact MCI has, in the past, been carrying out re- inspection of the premises of various colleges, where deficiencies were found during the first inspection. It has been pointed out that in its meeting held on 11th and 12th June, 2013, the Board of Governors decided to carry out physical verification for the purpose of ensuring compliance in respect of as many as 5 colleges. He also submits that the deficiencies found in those cases can by no means be said to be minor deficiencies, as would be evident from the chart which the petitioner has placed on record along with the affidavit filed today in the Court. It is further pointed out that even in its meeting held on 02.07.2013, the Board of Governors allowed physical verification in respect of Sivagangai Medical College, Sivagangai, Tamil Nadu.;