- (1.) This special leave petition takes exception to the interim order dated 21.06.2017 passed in S.B. Civil Writ Petition No.7349 of 2017 by the High Court of Judicature for Rajasthan at Jodhpur. The said writ petition was filed to challenge the decision dated 31st May, 2017 of the Ministry of Health and Family Welfare, Government of India, directing the respondent-institute not to admit 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 respondent institute. By the impugned order the High Court stayed the effect and operation of the order dated 31st May, 2017. The High Court also directed the Competent Authority to include the name of respondent-institute for the purpose of counselling to allot students for admission in the first year of the MBBS Course for the academic year 2017-18. This Court by an interim order passed on 14.07.2017, stayed the operation of the impugned order. During the pendency of this special leave petition, this Court vide order dated 4th August, 2017 directed the Ministry (Department of Health and Family Welfare, Government of India) to reconsider the proposal of the respondent-institute, following the decision rendered in Writ Petition (Civil) No.411 of 2017, titled Glocal Medical College and Super Speciality Hospital and Research Centre v. Union of India and Anr. Pursuant to the said direction, the Under Secretary to the Government of India passed a fresh order on 19th August, 2017 but reiterated its earlier decision dated 31st May, 2017 to debar the respondent-institute from admitting students for a period of 2 years i.e. 2017-18 and 2018-19 and also to authorise the MCI to encash the bank guarantee of Rs. 2 crore. In view of the pendency of this special leave petition in this Court, the respondent-institute has filed I.A. No.78386 of 2017 for the following reliefs: "a) set aside the order No. U.12012/1024/2014- ME-I [FTS.114447] dated 19.08.2017 passed by the Respondent No.3-Ministry of Health and Family Welfare, Union of India. b) permit the Respondent No. 2-Institute to admit 150 MBBS students for the Academic Year 2017-18 in terms of order granted to the similarly situated Medical Colleges/Institutes i.e. Akash Institute of Medical Sciences and Research Centre, Devanhalli, Gayatri Vidya Parishad Institute of Health Care and Medical Technology, Visakhapatnam and Nimra Institute of Medical Sciences, Andhra Pradesh; c) make the interim order dated 17.07.2017 of staying the encashment of Bank Guarantee by the MCI as absolute; AND/OR d) pass such further order(s) as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
(2.) Heard Mr. Gaurav Sharma, learned counsel for the petitioner, Mr. Maninder Singh, learned Additional Solicitor General for the Union of India and Mr. Gopal Subramaniam, learned senior counsel for the respondent Nos.1 and 2.
(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 respondent 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 respondent-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.;