Arun Mishra, J. - (1.) The background of the case indicates that the College was established pursuant to the directive issued by the Oversight Committee vide letter dated 20.8.2016. The negative recommendation was made by the MCI to the Government of India. However, in view of the Oversight Committee's letter dated 20.8.2016, conditional permission was granted by the Government of India to set up a medical college w.e.f. the academic year 2016-17 with an annual intake capacity of 150 MBBS students. The conditions stipulated that during the subsequent inspection if it was found that the College was deficient then the medical college shall be debarred for two academic years.
(2.) On 7/8.11.2016, the assessment was carried out by a team of the MCI to ascertain whether the College had complied with the conditions imposed by the Oversight Committee and the Government of India vide letter dated 20.8.2016 by removing the deficiencies. On consideration of the report of the assessors the Executive Committee of the MCI in its meeting held on 22.12.2016 found gross deficiencies in the College and it was observed that the College had failed to remove the deficiencies and to fulfill the conditions imposed and also failed to comply with the undertaking and as such on 26.12.2016 a recommendation was made to debar the College for two years i.e. 2017-18 and 2018-19 and to encash the bank guarantee of Rs.2 crores furnished by the College.
(3.) The Government of India on due consideration of the recommendation of the Council made to it, accepted the recommendation and debarred the College for two academic years, and also permitted the Council to encash the bank guarantee vide order dated 31.5.2017.;