A.M.KHANWILKAR,J. - (1.) The petitioners have filed this writ petition for issuance of a writ of mandamus or any other appropriate writ, for quashing the order passed by respondent No.1 dated 31st May, 2017, debarring the petitioner medical college from admitting students in the MBBS course for the academic sessions 2017-18 and 2018-19 and authorising the respondent No.2 Medical Council of India (for short "MCI") to encash the bank guarantee of L 2 crore offered by the petitioners and further, to direct the respondents to grant renewal of permission to the petitioner medical college for the academic session 2017-18 and permit the college to admit students for the current year.
(2.) One Amma Chandravati Educational and Charitable Trust, New Delhi had applied to respondent No.1, Ministry of Health and Family Welfare, Government of India (for short "MHFW") for permission to establish a medical college at Jhajjar, Haryana in the name and style of 'World College of Medical Sciences and Research, Jhajjar' from the academic session 2016-17 onwards. In light of the opinion of the Oversight Committee (for short "OC") appointed by this Court, the MHFW vide letter/order dated 20th August, 2016, issued a Letter of Permission to the petitioners to establish the medical college, for the academic session 2016-17, subject to certain conditions, including submission of a bank guarantee of Rs. 2 crore and inspection to be carried out by the OC for verification of compliance.
(3.) Thereafter, MCI conducted an assessment on 26th-27th October, 2016 with regard to verification of the conditions stipulated in the Letter of Permission issued on 20th August, 2016 and after considering this assessment report, the Executive Committee of the MCI, in its meeting held on 22nd December, 2016, noted certain deficiencies in the petitioner college. The MCI, vide letter dated 26th December, 2016, submitted its recommendation to the Central Government that the petitioner college should be debarred from admitting students for two academic sessions i.e. 2017-18 and 2018-19 and that the bank guarantee furnished by the petitioners ought to be encashed. After receipt of the said recommendation, the Director General of Health Services (for short "DGHS") gave a personal hearing to the petitioners on 17th January, 2017 and then submitted its report to the Competent Authority. The relevant portion of the report reads thus: "12. Whereas the Ministry decided to grant a personal hearing to the College on 17.01.2017 by the DGHS. The Hearing Committee after considering the oral and written submission of the College, submitted its report to the Ministry. In its report, the Hearing Committee remarked as under: JUDGEMENT_7_LAWS(SC)9_2017.htm;