A.M.KHANWILKAR,J. - (1.) The petitioner No.1 Dr. Jagat Narain Subharti Charitable Trust, Dehradun, made an application to the Ministry of Health and Family Welfare, Government of India for establishment of a new medical college at Dehradun in the name and style 'Shridev Suman Subharti Medical College and Hospital, Dehradun' from the academic session 2016-17 onwards. That application was forwarded to Medical Council of India (for short "MCI") for evaluation and making recommendations to the Ministry under Section 10A of the Indian Medical Council Act, 1956 (for short "1956 Act"). The Executive Committee of MCI considered the proposal pertaining to the aforementioned new medical college in its meeting convened on 27.02.2016. It was noted that the land on which the new college was proposed to be made was not entered in the name of Dr. Jagat Narain Subharti Charitable Trust. Several litigations were pending regarding the title and ownership of the said land. As a result, the Executive Committee of MCI opined that the Trust had failed to fulfill the qualifying criteria regarding the land, as prescribed by the Medical College Regulations, 1999 (for short "1999 Regulations"). Accordingly, MCI submitted its negative recommendation to the Central Government vide letter dated 01.03.2016 relating to issuance of letter of permission for establishment of a new medical college from the academic session 2016-17. The matter then proceeded before the Ministry of Health and Family Welfare, Government of India under Section 10A (4) of the 1956 Act and after affording opportunity of hearing to the college before the Hearing Committee on 06.05.2016, the proposal was sent back to MCI for review. The Executive Committee of MCI, in its meeting held on 13.05.2016, reiterated its earlier decision of disapproval of the scheme for the academic session 2016-17 and submitted negative recommendation to the Central Government recommending disapproval of the scheme under Section 10A of the 1956 Act. Acting upon the said recommendation, the Ministry of Health and Family Welfare, Government of India disapproved the proposal for establishment of a new medical college for the academic session 2016-17 vide letter dated 08.06.2016. Notwithstanding the decision of the Ministry, the Oversight Committee (for short "OC"), constituted by this Court, issued directives to obtain fresh compliance from the college vide letter dated 21.06.2016. Pursuant thereto, the MCI, after examining the matter, returned the proposal citing various reasons, consequent to which the Ministry submitted its response to the OC. The OC vide letter dated 25.09.2016, however, favoured the approval of the scheme for establishment of the proposed medical college at Dehradun with annual intake of 150 seats for the academic session 2016-17, on certain conditions. In view of the approval granted by the OC, the Central Government issued a formal letter of permission on 26.09.2016 in favour of petitioner No.1 for establishment of a new medical college at Dehradun for the academic session 2016-17, with conditions as enumerated by the OC.
(2.) Thereafter, an assessment with regard to verification of compliance submitted by the college was conducted by the MCI on 26/27.10.2016 and after considering the report, the Executive Committee of MCI, in its meeting held on 13.01.2017, noted certain deficiencies. The MCI, vide letter dated 15.01.2017, submitted its recommendation to the Central Government to revoke the letter of permission. After receipt of the said recommendation, personal hearing was given to the college on 17.01.2017, by Director General of Health Services (for short "DGHS"). The Hearing Committee noted as follows: "Sl. No. Deficiencies reported by MCI Observations of hearing committee i. Deficiency of faculty is 20.00% as detailed in the No satisfactory report. justification for deficiencies ii. Shortage of Residents is 21.70% as detailed in the report iii. OPD attendance is 535 on day of assessment against requirement of 600 as per Regulations. iv. Bed Occupancy is 31.33% at 10 a.m. on day of assessment as under # Department Beds Available Occupied 1. General Medicine 72 30 2. Paediatrics 24 05 3. Tb and Chest 08 00 4. Psychiatry 08 00 5. Skin and VD 08 00 6. General Surgery 90 18 7. Orthopaedics 30 08 8. Ophthalmology 10 11 9. ENT 10 04 10. O.G. 40 18 Total 300 94 v. There was NIL Normal Delivery and 1 Caesarean Section on day of assessment. vi. ICUs: There was Nil patient in ICCU and only 1 patient each in MICU; SICU and NICU/PICU on day of assessment." This report was forwarded to the OC for guidance, in response to which the OC vide letter dated 14.05.2017 conveyed its opinion to the Ministry as follows: "i) Faculty:- Once the faculty on leave are considered, the deficiency comes to 6.15% which is within norms. ii) Residents:- Once the residents on leave are considered, there is no deficiency. iii) OPD attendance:_ Explanation of College is valid. iv) Bed Occupancy:- Explanation of College is valid. v) Deliveries:- This deficiency is subjective. No MSR. vi) ICUs:- This deficiency is subjective. No MSR. LOP confirmation is subject to the status required to be ascertained by MHFW with reference to OC letter No.OC/Sridev Suman Subharti/2017/189 dated 18 April, 2017 addressed to MHFW."
(3.) As the petitioners did not receive any intimation from the competent authority, they were left with no alternative but to move a writ petition before this Court, being Writ Petition (Civil) No.513 of 2017 on 07.07.2017, seeking direction against respondent No.1 to confirm the letter of permission dated 26.09.2016 and to grant permission to the petitioners to admit 150 students in the MBBS course of petitioner No.2 medical college for the academic session 2017-18 and further, to direct respondent No.4 to allot 150 students through Central Counselling for academic session 2017-18 in the MBBS course of petitioner No.2 medical college. The said writ petition was taken up for hearing on 21.07.2017. The court passed the following order: "Order Let a copy of this writ petition be served on Mr. Gaurav Sharma, learned counsel who ordinarily appears for Medical Council of India. Let the matter be listed on 28th July, 2017. The Registry is directed to reflect the name of Mr. Gaurav Sharma, as learned counsel for respondent No.2 in the cause list. That apart, let a copy of this writ petition be served on Mr. G.S. Makker, learned counsel who shall remain personally present in the court on the next date of hearing. Mr. P.S. Narsimha, learned Additional Solicitor General is also requested to assist the Court." Notwithstanding the knowledge about pendency of the said writ petition, the Ministry of Health and Family Welfare, Government of India hastened to debar the petitioner college from admitting students for two academic sessions i.e. 2017-18 and 2018-19 and also authorised the MCI to encash the Bank Guarantee of Rs.2 crores offered by the petitioners. ;