- (1.) This Letters Patent Appeal is directed against an interlocutory order dated 2.08.2012 passed by the learned Single Judge of this Court in the pending writ petition. The short order passed is reproduced below:- "Arguments heard at length. The primary grievance of the petitioner as has emerged is that the deficiencies which were noticed and pointed out have been removed but the impugned order is passed without carrying out further check in this regard. I am of the view that there may be a need for MCI to carry out an inspection to see if the deficiencies noticed earlier have been rectified or not to the satisfaction of the respondent-MCI. There may be a need to ensure fair treatment. The case set up before me by the petitioner-College is that the discrepancies have been rectified and the compliance report in this regard was also submitted Apparently the MCI has not carried out any inspection of the institute after ther first inspection to confirm this assertion Accordingly. It will be appropriate for the MCI to conduct another inspection of the institute to assess the deficiencies in continuation of the earlier report. Adjourned to 30.8.2012. In the meantime MCI is requested to detail an assessors team to carry out inspection. Order dasti on payment."
(2.) The Medical Council of India is in appeal before us praying for setting aside of the interlocutory order by which the learned Single Judge has directed the appellant to conduct another inspection of the writ petitioner College-respondent No.1 (for short "the College") to further assess the deficiencies pointed out in the earlier inspection carried out on 19 th and 20 th April, 2012 in the College which according to the appellant rendered it unfit to admit fresh batch of MBBS students for the current academic session. In the main writ petition, the order dated 27.06.2012 (P- 13) was impugned whereunder the Board of Governors of the appellantMCI reiterated its earlier decision taken at a meeting held on 29.05.2012 that the College is not approved for renewal of permission for admission of 2 nd Batch of MBBS students for the academic session 2012-13 which decision is said to have been communicated to the College by the impugned order of 22.06.2012. It may be worth mentioning that the appellant-MCI had granted permission to the College to establish a private unaided medical college at Pathankot with an intake of 150 seats for the academic session 2011-12. The current academic session is the second year of the life of the College. Though the students admitted to the 2011-12 session for the MBBS course have been promoted to the 2 nd year such as have qualified the first examination but there would be no fresh intake at level 1 of the MBBS course in view of the refusal of the appellant to place the College in the admission category.
(3.) A few facts as are further necessary for decision in appeal are that the letter of permission was granted to the College on 30.06.2011 for establishing a new Medical College and Hospital at Pathankot in terms of the Indian Medical Council Act, 1956 (for short "the Act").;