L.NAGESWARA RAO,J. - (1.) Leave granted. The Appellant has approached this Court aggrieved by the direction given by the High Court of Rajasthan to conduct inspection of Respondent No.1-Institute for enhancement of seats in M.S. (Orthopedics) and M.D. (Radio Diagnosis). The Appellant was further directed to submit its report before 28.02.2019 which would be dealt with by the Second Respondent-Union of India in accordance with law.
(2.) The First Respondent-Medical College was established in the year 2004. In the year 2011, a letter of permission was granted to the First Respondent to start M.D. (Radio Diagnosis) course with an annual intake of one student from the academic year 2011-2012. The First Respondent was informed that the permission would be valid till such time as the first batch of students admitted against the said course appear for the final examination. The College was directed to take up the matter for recognition of the qualifications under Section 11(2) of the Indian Medical Council Act, 1956 (hereinafter referred to as ' the Act') at the time the students appear for the final year examination. Permission was also granted in 2011 for starting M.S. (Orthopedics) course with an annual intake of two students. The First Respondent applied for recognition on 18.07.2013. Thereafter, several inspections were conducted by the Appellant and deficiencies were pointed out to the First Respondent. Compliance reports were sent by the College with which the Appellant was not satisfied. Ultimately, a decision was taken that Post Graduate courses in M.S. (Orthopedics) and M.D. (Radio Diagnosis) cannot be conducted in the First Respondent Institute as the requirement of the Post Graduate Medical Education Regulations, 2000 (hereinafter referred to as 'the Regulations') in respect of clinical material, human resources, and infrastructure were not fulfilled. As students admitted during the academic years 2011-2012, 2012-2013, and 2013-2014 in M.S. (Orthopedics) and M.D. (Radio Diagnosis) have completed their courses it was decided by the Appellant that the qualifications awarded by the First Respondent in favour of such students should be recognized and included in the First Schedule to the Act.
(3.) The Committee also decided on 07.03.2017 that the Respondent shall be restrained from making any application for starting the M.S. (Orthopedics) and M.D. (Radio Diagnosis) courses for a period of five years. On 14.04.2017, the Appellant recommended to the Second Respondent-Union of India to notify the qualifications of the students who have completed M.S. (Orthopedics) and M.D. (Radio Diagnosis) in the First Respondent-Institute during the years 2011-2012, 2012-2013 and 2013-2014. The Post Graduate Medical Education Committee (hereinafter referred to as 'the Committee') decided that the admissions made by the First Respondent-Institute to M.S. (Orthopedics) and M.D. (Radio Diagnosis) after 2014 were in violation of Regulations 6(2) and (3) of the Regulations.;