Decided on July 04,2017

Pravara Institute Of Medical Sciences (Deemed Universitys) Rural Medical College Appellant
UNION OF INDIA Respondents


ANOOP V.MOHTA,J. - (1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for parties.
(2.) The petitioner is a recognised institution/Medical College, who is imparting graduate and post graduate courses in various faculties of health sciences since 1984 with basic intake capacity of 125 students per year. Considering the material and infrastructure and the requirement of the locality, petitioner's application for additional 75 seats for the year 2016-2017 was considered favourably. The petitioner, therefore, was able to admit 200 students for the academic year 2016-2017. However, the respondents by impugned resolution No. 15 dated 04.11.2016 issued by Medical Council of India ("MCI") and communication dated 31.05.2017 issued by the Union of India, Ministry of Health and Family Welfare, New Delhi ("UOI") reduced intake capacity by 75 seats and restricted it to 125 seats for academic year 20172018. Therefore, present petition is filed on 08.06.2017. 3. In view of the urgency expressed, the following order is passed by this Court on 14.06.2017. 2. Learned Assistant Solicitor General, appearing for respondent Nos.1 and 3 made statement that, in view of the fact that, as per the Notification submitting the detailed seats/numbers of the respective institutions and as the petitioner has been restricted to grant permission upto 125 seats, though last year it was 200 seats, therefore, to avoid further complications and in the interest of all, including the students at large, there will be an endorsement to be made in the column of petitioner that the petitioner's claim/litigation is pending in High Court for increasing of 75 seats. This statement, at this stage, is sufficient to take care of the apprehension and submission so made by the learned Senior Counsel appearing for the petitioner to avoid any complications.
(3.) We are inclined to observe that, the petitioner, referring to the deficiencies as already filed/made representation on 24.03.2017 and the same is not yet decided but, taken decision to reduce the seats from 200 to 125, though all infrastructure facilities and the requisite permissions from all other concerned authorities are part of record. Same infrastructure facilities and permission ought to have been taken note of to grant the seat numbers as prayed i.e. 200, the deficiencies/lacunae, as contended, are not of substantial nature and curable as explained in the representation.;

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