Vineet Saran,Vijay Lakshmi, JJ. - (1.) THE petitioner -Divya Jyoti Institute of Medical Sciences and Research, which is run by a registered society by the name of Jassar Dental Medical Education Health Foundation, had applied for establishment of a new Medical College in Modinagar, Ghaziabad and was issued the essentiality certificate dated 20.12.2011 by the Government of India for conducting M.B.B.S. courses for 150 seats. On 26.9.2013, on an application made by the petitioner -Society, the Chaudhary Charan Singh University, Meerut issued consent for affiliation for the proposed Medical College of the petitioner. On 28.9.2013, the petitioner made an application to the Medical Council of India (hereinafter referred to as the 'M.C.I.') for establishment of new Medical College with annual intake capacity of 150 admissions for M.B.B.S. course for the academic year 2014 -15. With the said application, the requisite fees alongwith detailed project report had been filed by the petitioner.
(2.) IN response to the application filed by the petitioner, inspection was carried out by the M.C.I. on 8.5.2014/9.5.2014 and the Assessors of the M.C.I. prepared a report with respect to the infrastructure and facilities available with the petitioner -college. Then on 10.6.2014, the M.C.I. informed the respondent No. 1 -Union of India that the Executive Committee of the M.C.I. in its meeting held on 3.6.2014 had decided to return the application, recommending disapproval of the application of the petitioner to establish the Medical College. In turn, the respondent No. 1 -Union of India vide its communication dated 20.6.2014 required the petitioner to appear for hearing in the matter on 26.6.2014 and produce compliance report of deficiency pointed out by the M.C.I. Pursuant thereto, on 25.6.2014 the petitioner submitted the compliance report stating to have fulfilled/removed all the deficiencies pointed out by the M.C.I. vide its letter dated 10.6.2014. Opportunity of hearing was given to the petitioner on 26.6.2014 when the petitioner explained to the respondent No. 1 that the defects/deficiencies pointed out had been removed. Then on 1.7.2014 the respondent No. 1 -Union of India, based on the compliance submitted by various colleges (including the petitioner college) in support of their claim, recommended that in respect to 43 colleges (including the petitioner college), the M.C.I. may review its decision. In response thereto, on 10.7.2014 the M.C.I. returned the compliance received from the respondent No. 1 -Union of India on the ground that as per the decision of the Apex Court in the case of Priya Gupta v. State of Chandigarh, : 2012 (7) SCC 433 : 2012 (6) AWC 6299 (SC), after the cut -off date which was 15.6.2014, no further recommendation could be made by the Medical Council of India to the Central Government for issuance of letter of permission. Then by communication dated 15.7.2014, the petitioner was informed by the respondent No. 1 that its scheme for establishment of new Medical College for the session 2014 -15 stands disapproved in view of the recommendation made by the M.C.I. It further provides that disapproval of the scheme for 2014 -15 would not prevent the applicant from submitting a fresh scheme for subsequent academic year.
(3.) CHALLENGING the said order dated 15.7.2014, this writ petition has been filed with the further prayer that the recommendation of the M.C.I. dated 10.6.2014 may be set aside and a direction be issued to the Union of India to grant letter of permission for starting a new Medical College and allow the petitioner to take admissions for the Session 2014 -15. By an amendment application, a prayer for quashing the order dated 10.7.2014 passed by the M.C.I. has also been made.;