- (1.) The Petitioner-Trust has preferred this special leave petition against the impugned judgment and order dated 01.09.2015 passed in Writ Petition (Civil) No. 7128 of 2015 whereby the Delhi High Court dismissed the said writ petition.
(2.) In the aforesaid writ petition, the Petitioner challenged the communication dated 15.06.2015 of Respondent No. 1-The Ministry of Health and Family Welfare (for short 'UOI') disapproving the application of the Petitioner for establishment of a new medical college for the academic year 2015-16. A further direction was sought for by the Petitioner in the writ petition directing Respondent No. 2-Medical Council of India (MCI) to inspect the Petitioner's college for the purpose of establishment of new medical college for the academic year 2015-16 and a further direction to the Respondent to consider the compliances submitted by the Petitioner.
(3.) It appears that in March, 2014, the Petitioner-Trust was granted consent by the Karnataka State Pollution Control Board for establishing medical college and hostel with 750 bedded hospital. The Rajiv Gandhi University of Health Sciences, Karnataka, on the report of the Local Enquiry Committee gave affiliation for the proposed course of MBBS with a total intake of 150 seats. The essentiality and feasibility certificate for starting MBBS course at Petitioner's institution was also issued by the State Government in August, 2014. The Medical Council of India conducted the inspection of the medical college and hospital through an Assessor and pointed out the following deficiencies: 1. Deficiency of faculty is 15% as detailed in report. 2. Lecture Theaters: Facility for E Class is not available. 3. Students' Hostels: They are not furnished. Toilet facilities are inadequate. Mess is not available. Visitors' room, A.C. study room with computer & Internet are not available. 4. Residents' Hostels: They are not furnished. Toilet facilities are inadequate. Mess is not available. Visitors' room, A.C. study room with computer & Internet are not available. 5. Nurses' Hostels: They are not furnished. Toilet facilities are inadequate. Mess is not available. Visitors' room, A.C. study room with computer & Internet are not available. 6. OPD: Injection room for males/females, Dressing room for males/females, plaster cutting room are not available. In Ophthalmology OPD, dark room, Refraction room, Dressing room/Minor procedure room are not available. 7. Audiometry & Speech Therapy are not available. 8. There were no major or minor Surgical operations on day of assessment. 9. There was no delivery-normal or Caesarean on day of assessment. 10. MRD: It is partly computerized. 11. OT: Although 5 OTs as required are available, one is not furnished, resulting in shortage of 1 OT. 12. ICUs: SICU, PICU/NICU are not available. There was no patient in ICU. There were only 2 patients in ICCU. 13. Labour Room: Eclampsia room is not available. 14. CSSD is not functional. 15. Anatomy department: Cooling chambers are not available. Cadavers are not available. 16. Biochemistry department: Laboratory is not furnished. 17. Other deficiencies as pointed out in the assessment report.;