ARUN MISHRA,J. - (1.) The Medical Council of India (for short, "the MCI") is aggrieved by the judgment and order dated 30.8.2018 passed by the High Court of Kerala at Ernakulam. The High Court has quashed the order passed by the Government of India declining to grant renewal permission/ recognition to respondents ­ medical colleges. The High Court has directed the Commissioner for Entrance Examinations, Government of Kerala to allot students to the colleges for the academic year 20182019 immediately. The MCI has also been directed to carry out the inspection to verify whether the colleges had rectified the deficiencies found at the time of earlier inspection. In case they have not done so, the MCI shall be at liberty to take appropriate action against them including the enforcement of the Bank Guarantees. At the same time, it has been ordered that in case fresh deficiencies are detected, the colleges shall be given the opportunity to rectify such deficiencies within a stipulated time.
(2.) The High Court has decided the petitions of the four colleges by the common order. Probably, High Court had felt that the question on which it decided the matters was common, however, the facts of each and every college are different, the deficiencies found obviously varies and the order of the High Court is subject to further judicial review. It would have been appropriate for the High Court to decide the matter by separate orders duly reflecting the facts of each case and the deficiencies found. Clubbing of matters in the method and manner it had been done may indicate nonserious approach. In three of the matters, question was that of admissions in the academic session 20182019 and in one of the matters, the question pertains to the grant of recognition as well as admissions.
(3.) The High Court has observed that there are many serious deficiencies and the lack of patients would result in a lack of exposure of the students in so far as treatment of patients was concerned. The deficiencies, such as lack of teaching faculty, residents, lack of a sufficient number of surgical procedures, though, are of nature which would have a serious impact on the quality of education, the explanation offered by the colleges on the deficiencies has not been found to be genuine to impress the court. Notwithstanding the aforesaid observations, the High Court has proceeded to grant the relief to the medical colleges.;