JUDGEMENT
L.NAGESWARA RAO,J. -
(1.) Leave granted.
The High Court directed the Appellant to recommend grant of permission to the Respondent No.1 " College for admission of 150 seats in 1st year MBBS for the academic session 2018-19. By the impugned judgment, the High Court also directed Respondent No.2 " Union of India to issue a letter of permission on the basis of recommendation of the Appellant. Aggrieved thereby, the MCI has filed this appeal.
(2.) Respondent No.1 (hereinafter referred to as "the College") was granted permission to start a medical college for the academic year 2008-09 with an intake of 100 students. Thereafter, a Notification was issued under Section 11(2) of the Medical Council of India Act, 1956 granting recognition of the course. The College applied for enhancement of the intake of students from 100 to 150 for the academic session 2016-17. The Appellant recommended for grant of approval to increase the intake which was accepted by the Government of India. The application for renewal of permission with an enhanced intake of 150 students for the academic year 2017-18 was also considered favourably by the Appellant and Respondent No.2.
(3.) The College applied for renewal of permission for the 3rd Batch of admissions with the intake of 150 students for the year 2018-19. An inspection was conducted on 18th/19th September, 2017. The Executive Committee of the Appellant-MCI considered the Assessment Report pursuant to the inspection conducted on 18th/19th September, 2017 and noted the following deficiencies :
"1. CT Scan is single slice against minimum 16 slice required.
2. Examination Hall: Out of 2 Examination Hall available, 1 is actually an Auditorium which cannot be considered as Examination Hall; hence there is deficit of 1 Examination Hall.
3. Other deficiencies as pointed out in the assessment report.";
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