S.A.BOBDE,J. - (1.) Chintpurni Medical College started in the year 2011 in the State of Punjab. This college is affiliated to Baba Farid University. It made an application to the Medical Council of India (hereinafter referred to as 'MCI') under Section 10(A) of the Indian Medical Council Act, 1956 (hereinafter referred to as 'the IMC Act') for establishing a new Medical College. The permission for the first batch was granted in the year 2011-12 on 30.06.2011. For the subsequent academic years i.e. 2012-13 and 2013-14, no renewal of permission was granted to the petitioner college, since the petitioner college was found to be deficient in the inspections carried out by the MCI. For the academic year 2014-15, petitioner was granted Letter of Permission (LOP) under the orders of this court passed in W.P (Civil) No.469 of 2014. Thereafter, no renewal of permission was granted to the petitioner for the academic year 2015-16. Petitioner college applied for the grant of recognition under section 11 of the IMC Act in the year 2015. MCI in order to determine whether the petitioner college fulfills the minimum eligibility requirements for grant of recognition under section 11 of the IMC Act, conducted three inspections. The First inspection was carried out on 16.12.2015 followed by second inspection on 25/26.02.2016 and the third one on 16.03.2016.
(2.) In all the three inspections carried out by the MCI, petitioner college was found to be deficient. The MCI concluded the college was deficient to the extent of 100%. The MCI, therefore, recommended to the Central Government, not to issue recognition to the petitioner college under Section 11 of the IMC Act. The MCI also made similar recommendations in respect of other colleges. Those Medical Colleges approached this Court by way of filing a batch of Writ Petitions. This Court directed the matters to be examined by the Oversight Committee constituted under the judgment of this Court delivered by the Constitution Bench in the case of Modern Dental College and Research Centre v. State of Madhya Pradesh, (2016) 7 SCC 353. Finally, the Oversight Committee directed the MCI to conduct inspections and further directed that if the Medical Colleges were found deficient, they would be banned for a period of two years. Such a direction was also given in respect of the petitioner college. MCI conducted fresh inspection of the petitioner college on 07.03.2017 and again found the petitioner college deficient and accordingly recommended to the Central Government to debar the petitioner college from admitting students against the allowed intake for two academic years i.e. 2017-18 and 2018-19. The Central Government by its order dated 31.05.2017 debarred the petitioner college for a period of two academic years i.e. 2017-18 and 2018-19. This order was questioned by the petitioner in Writ Petition (Civil) No. 423 of 2017. By order dated 10.5.2018, this Court dismissed the Writ Petition (Civil) No.423 of 2017.
(3.) The present writ petition questions the withdrawal of the Essentiality Certificate dated 07.12.2010 and 15.02.2011 issued to the petitioner college by Respondent No. 1 under Section 10A of the IMC Act read with the Establishment of Medical College Regulations, 1999 (Hereinafter referred to as "Regulations") framed under the Act. Regulations lay down the qualifying criteria for making an application to open a Medical College. One of the essential qualifications is that a person should obtain an Essentiality Certificate from the State Government where the college is proposed to be located in Form 2.;