- (1.) This petition has been filed by a medical institute aggrieved by the withdrawal of permission by the respondents to commence post graduate courses for MD in Radio-Diagnosis and MS Ophthalmology for the academic year 2016-17. The prayer is to quash the withdrawal of recommendation by the Medical Council of India dated 31.01.2016 and the withdrawal of permission by the Central Government, vide order dated 29.02.2016.
(2.) The petitioner institute was running courses in the medical field and had applied for permission to run the two courses as well for the Session 2016-17 against the number of seats for which the infrastructure was available. The Medical Council of India according to the petitioner, vide letter dated 27.10.2015 Annexure-9 to the writ petition, forwarded the recommendation along with the decision of the Post Graduate Medical Education Committee in relation to both the courses. This was based on the Council Assessor's report dated 29.09.2015 on the basis of the physical verification and other teaching facilities available. The Committee appears to have considered the same in its meeting dated 23.01.2015 and the Medical Council of India accordingly communicated the said recommendation in favour of the petitioner institute to the concerned Secretary, Ministry of Health and Family Welfare, Government of India.
(3.) The Central Government on the strength of such recommendations issued the letter of permission dated 25.01.2016 giving one seat for MS in Ophthalmology and four seats for MD in Radio-Diagnosis. A copy of the said letter is Annexure-10 to the writ petition. This permission was granted in exercise of powers conferred under Section 10(A) of the Indian Medical Council Act, 1956.;