- (1.) The instant writ application has been heard along with writ applications being W.P. No.13277 (W) of 2015 and W.P. No.13124 (W) of 2015.
(2.) The petitioners, in the instant writ application, are pursuing the medical course in the Medical College, at Joka (hereinafter referred to as the said College) run and administered by the Employees State Insurance Corporation (hereinafter referred to as ESIC) and are currently in the 2nd Year of MBBS course.
(3.) The facts involved in the instant lis are that the said College is run on the basis of yearly renewal of permission for admission of students to be recommended by the Medical Council of India (hereinafter referred to as the said Council) and to be granted by the Central Government. On 5th January, 2015 a memorandum was issued by the Deputy Medical Commissioner intimating, inter alia, a decision that ESCI should exit the field of medical education entirely. Apprehensive of future prospects being jeopardised, the students, similarly situated with the petitioners, preferred a writ application being W.P. No.4856 (W) of 2015. In the midst thereof such apprehension was set at rest by a subsequent memorandum issued by ESIC intimating a decision to the effect that the admissions to ongoing MBBS/BDS/PG courses at ESIC Medical Institutions shall be continued. The same was followed by a press release dated 23rd March, 2015 that the ESIC would continue to admit students at its three Medical Colleges (which includes the Medical College at Joka) and one Dental College. Observing such facts, the said writ application was disposed of with a hope and trust that the Corporation shall continue to provide infrastructural support necessary for the purpose of obtaining renewal of the medical programmes by the MCI. Subsequent thereto a decision was adopted in the meeting of the Executive Committee of MCI on 13th May, 2015 by which the said Committee, upon considering the compliance verification of the Assessment Report dated 27th April 2015 and previous Assessment Report (10th and 11th December, 2014) noted deficiencies which were existing and which were mandatorily required to be fulfilled by the said College for the purpose of renewal of permission and decided to recommend to the Central Government not to renew permission for admission of 3rd Batch (100 seats) of ESIC Medical Council, Kolkata. Due to such non-recommendation by MCI, the Central Government by a memorandum dated 15th June, 2015 directed the said College not to admit students in 3rd batch (100 seats) of MBBS course for the academic year 2015-16.;