- (1.) The instant Writ Petition has been filed to challenge the decision dated 06-10-2017 of the Ministry of Health and Family Welfare, Government of India, debarring the petitioner-Institute from admitting students in the MBBS Course for the academic years 2017-18 and 2018-19 and also authorising the Medical Council of India (MCI) to encash the bank guarantee of Rs. 2 crore submitted by the petitioner-institute.
(2.) Heard Mr. Shyam Diwan, learned senior counsel for the petitioner and Mr.Gaurav Sharma, learned counsel for the Medical Council of India.
(3.) Having heard the learned counsel for the parties and keeping in view the recent decisions of this Court in Royal Medical Trust and Anr. v. Union of India and Anr., In W.P. (C) No. 747/2017 decided on 12.09.2017 and Annai Medical College and Hospital and Anr. v. Union of India and Anr., In W.P. (C) No. 525/2017 decided on 14.09.2017, it is directed that MCI shall allow the students admitted in the petitioner-institute on the basis of conditional LOP for academic year 2016-17 to continue their studies. MCI shall send a team for inspection of the petitioner-institute as per schedule for the academic year 2018-19. The application filed by the Institution for academic year 2017-18 for renewal shall be treated as an application for academic year 2018-19. If deficiencies are noted by the Inspection Team, the same shall be brought to the notice of the Institution and it shall be granted liberty to remove the same within a specified time. Thereafter, the matter shall be placed before the Executive Committee of MCI. If any deficiency is still required to be removed, the same shall be removed by the Institution within specified time, and if the Institution is a compliant Institution, the request for confirmation of LOP for the academic year 2016-17 and renewal of permission for the academic year 2018-19 may be dealt with appropriately.;