JUDGEMENT
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(1.) The petitioners have invoked the extraordinary jurisdiction of
this Court conferred under Article 32 of the Constitution of India to
quash the letter dated 13.07.2013 issued by the Medical Council of
India by which the permission granted for renewal of admission for
additional intake of students for the academic session 2013-2014 was
revoked.
(2.) Rohilkhand Medical College and Hospital was established by
Rohilkhand Educational Charitable Trust in the year 2005. The Medical
College started the first M.B.B.S. Course during the year 2006-07 with
an annual intake of 100 seats for which permission was granted under
Section 10A of the Indian Medical Council Act, 1956 (for short "the
IMC Act) by the Central Government. Later, the Medical Council of
India (for short "the MCI") granted recognition to the College to
award M.B.B.S. Degree granted by M.J.P. Rohilkhand University,
Bareily, U.P. The College is also conducting post-graduate courses
during the year 2011-12.
(3.) Permission was granted under Section 10A of the IMC Act for
admitting the second batch of 100 students in the year 2007-08. The
College later submitted an application for extension of renewal of
permission for the admission of 3rd batch of 100 seats of M.B.B.S. for
the academic year 2008-09 to the MCI. The MCI after processing the
application constituted a medical team for inspection of the College.
The team conducted the inspection on 1st and 2nd April, 2008. The -
MCI team then submitted its report to the Secretary, MCI, New Delhi on
02.04.2008. The MCI team pointed out the following deficiencies in
the College as per the MCI Regulations:
"There was a shortage of teaching faculty by 21.05% (24 out of 114)
and residents by 37.03% (30 out of 81) As under:
a) Professor 4
b) Associate Professor 13
c) Asstt. Professor 3
d) Tutor 4
e) Sr. Resident 16
f) Jr. Resident 14";
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