D.Y.CHANDRACHUD,J. - (1.) The petitioner has called into question an order dated 31 May 2017 of the Union government, prohibiting it from admitting students for the MBBS course during academic years 2017-18 and 2018-19 and authorizing Medical Council of India ('MCI') to encash a bank guarantee of Rs 2 crores.
(2.) During the pendency of these proceedings, by an order dated 11 August 2017, the Union government was directed to furnish an opportunity of being heard to the petitioner and to pass a reasoned order by the end of August 2017. Pursuant to the above directions, a fresh order has been passed on 30 August 2017 which has been called into question in I A No 85887 of 2017.
(3.) On 6 May 2011, MCI issued a letter of intent to the petitioner under Section 10-A of the Indian Medical Council Act, 1956 ('IMC Act') for academic year 2011-12. The Union government issued a letter of permission on 28 June 2011, allowing the petitioner to admit 100 students for the MBBS degree course. For academic years 2012-13, 2013-14 and 2014-15, permissions were granted to the petitioner on 22 June 2012, 5 June 2013 and 4 July 2014. On 15 June 2015, the petitioner was declined permission to admit the fifth batch of students for academic year 2015-16. MCI conducted an inspection of the college on 2 March 2016 and on 6 and 7 April 2016. The following deficiencies were noticed : 1. "Deficiency of faculty is 70.75% as detailed in the report. 2. Shortage of Residents is 89.55% as detailed in the report. 3. Medical Superintendent Dr C S Aggarwal was not available on both days of assessment. 4. OPD attendance on day of assessment was 552 against requirement of 800. 5. Bed occupancy was 24.46% on day of assessment. 6. There was NIL Major operation and 02 Minor operations on day of assessment. 7. There was NIL Normal Delivery and NIL Caesarean Section on day of assessment. 8. CT Scan is not functional. 9. Workload of Special investigations like Ba, IVP was NIL on day of assessment. 10.Radiological investigation workload is grossly inadequate. 11.Histopathology workload was only 03 and Cytopathological workload was only 04 on day of assessment. 12.Labour Room: Labour Register is not available. There is no sister i/c. 13.Radiodiagnosis Department: Only 2 mobile X-ray machines are available against requirement of 4. Only 3 static X-ray machines are available against requirement of 5. Only 2 USG machines are available against requirement of 3. 14.OPD: Plaster room and Plaster Cutting Room are common. Cancer Detection clinic is non-functional. 15.Casualty: Reception counter in Casualty is non-functional and laden with dust. 16.MRD: Staff is inadequate. 17.Wards of Tb and Chest, Skin and VD and Psychiatry are common for males and females. 18.CSSD: Staff is not adequate. I/c Nurse/Technician is not available. 19.Central Library: It is not fully air-conditioned. Students' reading Room (Inside), Staff Reading Room, Residents' reading Rooms are not air-conditioned. Internet connection is not available. 20.Central Photography Section is not functional 21.Students' Hostels: Visitors' room, A.C. Study room with Computer and Internet Recreation room are not available. 22.Interns' Hostel: Visitors; room, A.C. Study room with Computer and Internet Recreation room are not available. 23.Residents' Hostel: Visitors' room, A.C. Study room with Computer and Internet, Recreation room are not available. 24.Canteen facilities are inadequate. 25.Anatomy Department: Specimens available are only 80. Cadavers are not available. Capacity of cold storage for dead bodies is inadequate. 26.Pathology department: Only 80 specimens are available. 27.Microbiology Department: Only 1 Service Laboratory is available against requirement of 7. 28.Community Medicine Department: Demonstration room has capacity of only 30 which is inadequate. 29.RHTC: It is non-functional. It is just labeled and located in a college campus. There are no clinical, survey, Immunization, family welfare or National Health Programme activities. No record is available. 30.UHC: It is not available. A private nursing home was shown as UHC which is not permissible. No manpower is available. There are no clinical, survey Immunization, family welfare or National Health Programme activities. There is no record." The Executive Committee of MCI, at a meeting held on 3 May 2016 considered the assessment reports and noted the deficiencies. There were as many as 30 deficiencies, including the above. Based on these deficiencies, MCI by its letter dated 15 May 2016 recommended to the Union government not to renew permission for admission of a fresh batch of students for 2016-17. The Union government accepted the recommendation and issued a communication dated 10 June 2016 declining permission for fresh admissions for 2016-17. ;