A.M.KHANWILKAR,J. - (1.) Leave granted.
(2.) This appeal emanates from the judgment and order dated 19th July, 2017 passed by the High Court of Madras in Writ Petition No.18334 of 2017. The said writ petition has been filed by the appellant for quashing of the order dated 31st May, 2017, passed by the Under Secretary to the Government of India, Ministry of Health and Family Welfare (Department of Health and Family Welfare) debarring the appellant college from admitting students against 150 seats in MBBS course for the academic session 2017-18. The said order was passed by the Competent Authority of the Central Government on the proposal for confirmation of conditional Letter of Permission (for short "LOP") granted in favour of the appellant college for the 5th batch of 150 seats in MBBS course for the academic session 2016-17 and to grant recognition/approval to the appellant college under Section 11(2) of the Indian Medical Council Act, 1956 (for short "the Act"). The communication dated 31st May, 2017, informing about the decision of the Competent Authority of the Central Government, which has been challenged before the High Court, reads thus: "ANNEXURE-P/10 No. U.12012/127/2016-ME.I[FTS.3084749] Government of India Ministry of Health and Family Welfare (Department of Health & Family Welfare) Nirman Bhawn, New Delhi Dated the 31st May, 2017 To The Principal/Dean, Karpagam Faculty of Medical Sciences & Research Pollachi Main Road, L & T By Pass Road junction Eachanari Post, Eachnari, Coimbatore, Tamil Nadu-641021. Subject: Confirmation of conditional permission granted in 2016-17 and disapproval of renewal permission for 2017-18 Karpagam Faculty of Medical Sciences & Research, Coimbatore. Sir/Madam, In continuation to this Ministry's letter dated 20.08.2016 granting conditional renewal permission for admission of 5th Batch of (150 seats) in MBBS course at Karpagam Faculty of Medical Sciences & Research, Coimbatore for the academic year 2016-17 on the basis of approval communicated by Supreme Court Mandated Oversight Committee on MCI (OC) and after granting an opportunity of hearing to the college with reference to recommendation of MCI dated 24.03.2017 and considering the contents of MCI letter No. MCI-34(41) (RG-17)/2017-Med./107428 dated 29.04.2017. I am directed to confirm the renewal of permission granted vide this Ministry's letter dated 20.08.2016 for 2016-17 and remove the conditions imposed there on. MCI is also being requested to return the Bank Guarantee of L 2 Cr. submitted by the College in the Ministry as per the conditions laid down by the OC which is now in possession of MCI. 2. Further, I am directed to convey the decision of the Central Government not to permit admission of students in MBBS Course (150 seats) for the academic year 2017-18 at Karpagam Faculty of Medical Sciences and Research, Coimbatore. 3. Admission made against the decision of the Central Government will be treated as irregular and action will be initiated under IMC Act and Regulation made thereunder. Yours faithfully, Sd/- (D.V.K. Rao) Under Secretary to the Govt. of India Telefax: 011-23061120" (emphasis supplied)
(3.) As the said decision refers to the recommendation made by the Medical Council of India (for short "MCI") vide letters dated 24th March, 2017 and 29th April, 2017, it may be apposite to reproduce the same for discerning the real issue that arises for our consideration. The communication dated 24th March, 2017, sent by the Joint Secretary of the MCI to the Secretary to the Government of India, Ministry of Health and Family Welfare, reads thus: "ANNEXURE-P/5 MEDICAL COUNCIL OF INDIA No. MCI-34(41)(RG-17)/2016-Med./Date: 24/03/2017 ITEM NO. 35 The Secretary, Govt. of India, Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi - 110011 Sub: Recognition/Approval of Karpagam Faculty of Medical Sciences & Research, Coimbatore, Tamilnadu for the award of MBBS degree (150 seats) granted by The Tamilnadu Dr. M.G.R. Medical University, Chennai u/s 11(2) of the IMC Act, 1956 and Compliance Verification Assessment for renewal of permission for admission of 5th batch (150 MBBS seats) u/s10(A) of the IMC Act., 1956 for the Academic Year 2016-17. Sir, I am directed to inform you that an assessment to assess the standard of examination held by the Tamilnadu Dr. MGR Medical University, Chennai and to assess the physical and the other teaching facilities available for Recognition/Approval of Karpagam Faculty of Medical Science & Research, Coimbatore, Tamilnadu for the award of MBBS degree (150 seats) granted by the Tamilnadu Dr. MGR Medical University, Chennai u/s 11(2) of the IMC Act, 1956 as well as Compliance Verification Assessment for renewal of permission for admission of 5th batch (150 MBBS seats) u/s 10(A) of the IMC Act, 1956 for the Academic year 2016-17 with reference to the conditional approval accorded by Oversight Committee were carried out by the Council assessors on 17th February, 2017 and 15th & 16th March, 2017. The assessment reports (17th February, 2017 & 15th & 16th March, 2017) and a letter dated 15/03/2017 from the Assessors regarding complaint dated 03.01.2017 of the students of Karpagam Faculty of Medical Sciences & Research, Coimbatore, Tamilnadu were considered by the Executive Committee of the council at its meeting held on 21/03/2017 and it was decided as under:- "The Executive Committee of the Council noted that the compliance verification assessment report (19th February 2016) along with previous assessment report (2nd & 3rd November, 2015) with regard to renewal of permission for MBBS course for 5th batch (150 seats) of Karpagam Faculty of Medical Sciences & Research, Coimbatore, Tamil Nadu under The Tamilnadu Dr. M.G.R. Medical University, Chennai u/s 10A of the IMC Act, 1956 for the academic year 2016-2017 was considered by the Executive Committee of the Council at its meeting held on 13.05.2016 and it was decided as under:- "The Executive Committee of the Council considered the compliance verification assessment report (19th February 2016) along with previous assessment report (2nd & 3rd November, 2015) and noted the following:- 1. As per O.T. and Ward records in Surgical and allied branches, Radiodiagnosis and obstetrics and Gynaecology, full time working of many faculty members in the rank of Professors and Asso. Prof. could not be verified. 2. Many patients were admitted with minor ailments without any major problem. The occupancy was tailor to suit assessment. E.g. One referred patient from Ophthalmology was lying in medical ward. 3. There were only 4 Major operations and 3 minor operations on day of assessment. ;