- (1.) The Petitioner-College has preferred this special leave petition against the impugned judgment and order dated 02.09.2015 passed by the Delhi High Court in Writ Petition (Civil) No. 8385 of 2015 whereby the High Court dismissed the said writ petition following the judgment dated 20th August, 2015 in Jamia Hamdard (Deemed University) v. Union of India and the judgment dated 1st September, 2015 in Kanchan Islamic Education Trust (R) v. Union of India.
(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 with effect from the academic year 2015-16. A further direction was sought for by the Petitioner in the writ petition directing Respondent No. 1-Union of India to grant Letter of Permission (LOP) to the Petitioner for starting of a new Medical College with 150 admission capacity in MBBS course at Unnao, Uttar Pradesh for the academic year 2015-16.
(3.) It appears that in August, 2014, the Chhatrapati Shahuji Maharaj University, Kanpur, 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 certificate for starting MBBS course at Petitioner's institution was also issued by the Government of Uttar Pradesh in August, 2014. The Medical Council of India conducted the inspection of the medical college in January, 2015 through an Assessor and pointed out certain deficiencies in regard to the Faculty, Resident Doctors, Bed occupancy, Clinical material, Lecture Theatre, Hostels, Residential Quarters etc. and the Respondent No. 2-MCI decided to return the application for establishment of a new medical college with a direction to submit compliance of the deficiencies along with documentary evidence within a month. The Petitioner submitted the compliance report with documentary evidence to Medical Council of India. Thereafter the Respondent-MCI conducted compliance assessment of the Petitioner's institution and submitted a report. It is alleged by the Petitioner that though it had removed all the shortcomings and deficiencies that were pointed out in the earlier assessment but the Assessors of the MCI once again pointed out new deficiencies in the college i.e. shortage of Resident Doctors, non-staying of all Resident Doctors in campus, non-functional hostel rooms. The Assessors found that the faculty deficiency has been rectified from 56% to meager 6.6% and for residential quarters, 16 quarters are available against requirement of 20 as per Regulation for Non-Teaching Staff. The Petitioner also submitted representation to the MCI clarifying its stand regarding the alleged new deficiencies.;