L.NAGESWARA RAO,J. - (1.) Leave granted. Vedantaa Institute of Academic Excellence Pvt. Ltd. and Vedantaa Institute of Medical Sciences, Respondent Nos.1 and 2 herein filed Writ Petition No.4319 of 2018 in the High Court of Judicature at Bombay seeking a direction to the Appellant to send its Experts' team for the purpose of verifying the compliance of the deficiencies pointed out earlier. They also prayed for a direction to the Appellant to forward its recommendation to the Central Government before 30th April, 2018. They sought a further direction to Respondent No.3 herein, Union of India to consider the grant of renewal permission on the basis of the recommendations received from the Appellant. The High Court allowed the Writ Petition and directed the Medical Council of India to inspect Respondent No.2, Medical College and submit a report to the Union of India before 30th April, 2018. Aggrieved thereby, the Appellant Council has filed the above appeal.
(2.) Respondent No.1 submitted an application under Section 10-A of the Indian Medical Council Act, 1956 (hereinafter referred to as the 'Act') for starting a Medical College. A letter of intent was issued to Respondent No.1 after conducting an inspection. The Union of India issued a letter of permission dated 31.05.2017 to Respondent No.1 to admit the first batch of 150 students for the academic year 2017-2018. After issuance of a letter of permission, the Respondent No.2 College was included in the list of Colleges for centralised process of admission carried out by the State of Maharashtra. Students were allotted for the year 2017-2018 in the centralised counselling. The inspection for the purpose of granting first renewal for admission of students for the academic year 2018-2019 was conducted on 25.09.2017 and 26.09.2017. The Executive Committee of the Appellant Council considered the assessment report in its meeting held on 25.10.2017 and it was decided as under:- "The Executive Committee of the Council considered the assessment report (25/26.09.2017) and noted the following:- 1. Deficiency of faculty is 84.05% as detailed in the report. 2. Shortfall of Residents is 87.23% as detailed in the report. 3. Pathology, Microbiology, Pharmacology, Forensic Medicine, Community Medicine departments are under construction 4. Bed Occupancy is 01% at 10 a.m. on day of assessment. 5. Wards: Majority of the wards were locked or under renovation and non-functional. 6. Data of OPD attendance, Radiological and laboratory investigations are inflated. 7. There was NIL Major, NIL Minor and NIL Daycare Operation on day of assessment. 8. There was NIL woman in Labour room. 9. Nursing staff: 164 Nursing staff are available against requirement of 175. 10. Paramedical and Non-teaching staff: 90 Paramedical and Non-teaching staff are available against requirement of 100. 11. MRD: There is no MRD Office. 12. O.T.: Non of O.T. was functional on day of assessment 13. ICU: There was NIL patient in ICCU and all ICUs on day of assessment. 14. 1 Mobile X-ray machine is available against requirement of 2. 15. Blood Bank is functional. 16. Kitchen is functional. 17. Examination hall: It is under construction. 18. Central Library: Librarian is available. 19. Central Photography section: There is no staff. 20. Students' Hostels: Available accommodation is for 128 students against requirement of 226. 21. Residential quarters: 18 quarters are available for faculty against requirement of 20. 16 quarters are available for non-teaching staff against requirement of 32. 22. RHTC: It is yet allotted. 23. UHC: It is yet allotted. 24. There is no CME activity during the year. 25. Other deficiencies as pointed out in the assessment report. The Executive Committee noted that Regulation 8(3)(1)(a) of the Establishment of Medical College Regulation (Amendment), 2010 (Part II), dated 16th April, 2010 and amended on 18th March, 2016 provided as under:- "8(3)(1)..... (a) Colleges in the stage of Letter of Permission upto II renewal (i.e. Admission of third batch) It is observed during any inspection/assessment of the institute that the deficiency of teaching faculty and/or Residents is more than 30% and/or bed occupancy is <50% (45% in North East, Hilly terrain etc.), compliance of rectification of deficiencies from such an institute will be considered for issue of Letter of Permission (LOP)/ renewal of permission in that Academic Year." In view of the deficiencies as noted above, the Executive Committee of the Council decided to recommend to the Central Govt. to invoke Regulation 8 (3)(1)(a) of the Establishment of Medical College Regulation, 1999 and disapprove the application of the Vedantaa Institute of Medical Sciences, Palghar, Maharashtra under Maharashtra University of Health Sciences Nashik u/s 10A of the IMC Act, 1956 for renewal of permission of MBBS course 2nd batch (150 seats) for the academic year 2018-2019."
(3.) The said decision of the Executive Committee was approved by the Oversight Committee on 16.11.2017. The Appellant by a letter dated 21.11.2017 communicated the decision of the Executive Committee as approved by the Oversight Committee to the Union of India. By a letter dated 07.12.2017, the Respondent No. 3, Union of India directed the Respondent College to respond to the recommendation of the Appellant. A detailed reply was submitted by the College and even a personal hearing was given.;