A.M.KHANWILKAR,J. - (1.) The petitioner applied for recognition/approval to increase the intake i.e. from 120 to 150 seats, of the MBBS Degree Course recognised by Rajiv Gandhi University of Health Sciences, Bangalore. That application was processed by the Medical Council of India (for short "MCI") under Section 11(2) of the Indian Medical Council Act, 1956 (for short, "the Act"). After carrying out inspection, assessment report dated 21st April, 2017, was placed before the Executive Committee of MCI pointing out the deficiencies in the petitioner-institution.
(2.) The petitioner-institution, however, filed writ petition before the High Court of Karnataka, bearing Writ Petition (Civil) No. 33465 of 2017, in which direction was issued to the respondents. Pursuant thereto, inspection was carried out by the Council assessors on 21st August, 2017. The compliance verification assessment report dated 21st August, 2017 along with previous assessment report dated 16th and 17th March, 2017, and 21st April, 2017, was considered by the Executive Committee in its meeting held on 30th August, 2017. The Executive Committee decided to recommend to the Central Government not to recognise/approve the petitioner-institution for the increased intake from 120 to 150 seats under Section 11(2) of the Act and further decided to call upon the petitioner-institution to submit compliance for rectification of the deficiencies noticed in the concerned assessment report within one month, for further consideration of the matter. It was also decided by the Executive Committee to continue the application under consideration under Clause 8(3)(1)(c) of the Establishment of Medical College Regulation (Amendment), 2010 (Part-II) dated 16th April, 2010, and amended on 18th March, 2016. The communication in that behalf was sent by the MCI on 4th September, 2017 with a copy marked to the petitioner-institution to submit detailed point-wise compliance for grant of increased intake from 120 to 150 (soft copy - in editable word format with CD) with the documentary evidence in respect of the rectification of deficiencies pointed out.
(3.) The petitioner, however, filed the present writ petition on 7th September, 2017, for the following reliefs: "PRAYER It is therefore prayed that this Hon'ble Court be pleased to: a. Issue an appropriate writ, order or direction in the nature of mandamus directing the Medical Council of India, Respondent No.1, to take a decision on the Inspection Report dated 21.8.2017 and recommend to the 2nd respondent, Union of India - Ministry of Health and Family Welfare, for recognition of increased intake from 120 to 150 seats in MBBS course for the academic year 2017-18 and accordingly extend the last date of admission for the increased intake of 30 seats for the academic year 2017-18. b. Alternatively issue a writ of mandamus directing the 4th respondent, Oversight Committee to consider the case of the petitioner for increased intake of 30 seats for the academic year 2017-18 within a specified time limit, in the event, Medical Council of India decides not to recommend for renewal of permission for increased intake of students for the academic year 2017-18. c. Pass such further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case." ;