PUSHPENDRA SINGH BHATI,J. - (1.) The petitioners have preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs: "(i) The impugned order dated 01.05.2018 (Annex.20) may kindly be quashed and set aside with all consequential directions. (ii) The respondent No.1 may be directed to grant 2nd renewal (3rd batch) to the petitioner college for the academic session 2018-19 with all consequential benefits. (iii) By an appropriate writ, order or direction, the respondents may be directed to include the petitioner college in the counselling to allot students to it for admission of First Year MBBS course pursuant to NEET 2018 for the academic session 2018-19. (iv) Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners. (v) Costs of the writ petition may kindly be awarded to the petitioners."
(2.) That the petitioner is a medical college having the first batch of 150 students admitted in the academic session 2016-17. The petitioner continued to run the MBBS Course in compliance of the guidelines as issued by the Medical Council of India from time to time. The petitioner is also a college affiliated to Rajasthan University of Health Sciences. The petitioner faced an order dated 01.05.2018 (Annexure 20), refusing the renewal permission from the respondents, which reads as under: "Subject: Renewal of permission for admission of 3rd Batch (150) seats in MBBS Course at American International Institute of Medical Sciences, Jaipur for the academic year 2018-19 - Disapproval of the Scheme. Whereas the Medical Council of India vide letter dated 06.01.2018 recommended to the Ministry of Health and Family Welfare to renew the permission for admission of 150 MBBS seats in the year 2018-19 (3rd Batch) at American International Institute of Medical Sciences, Jaipur infroming as under: "The Executive Committee of the Council considered the assessment report (5th and 6th December, 2017) alongwith letter from the Assessors dated 7.12.2017 enclosing Self explanatory photographs and CD and noted the following:- 1. The campus is divided in two parts, separated by a public road leading to a railway crossing and then to a village. College and Hospital are in 1 Plot measuring 14.245 Acres on one side of road and hostel and quarters on another side measuring 6.523 Acres on other side. Public transport plies on the road. On the public road, vendors and small establishments have set up their stalls. 2. Deficiency of faculty is 21%. 3. Shortage of residents is 18.36%. 4. OPD attendance upto 2 p.m. as verified by assessors was 374 against requirement of 750. 5. Bed Occupancy at 10 a.m. on day of assessment was 52%. 6. There was NIL Normal Delivery and 1 Caesarean Section on day of assessment. 7. CT Scan is installed and functional as verified. 8. O.T.: O.T. record is maintained Departmentwise and Unitwise. 9. ICUs: There was NIL patient in ICCU, NICU/PICU and only 2 patients in SICU on day of assessment. 10. Wards: In Ophthalmology and ENT, there is no entry of of any IP patient in IPD register after 30.11.2017. In Tb and Chest, Male and Female patients are kept in a common ward separated by a partition. 11. Central Research laboratory : Facilities are adequate. 12. Anatomy department: only 6 cadavers are available. 13. RHTC: Specialists' visits are organized. No Paramedical staff is posted for Survey/MCH/Immunization/FP Work. No activities under National Health Programmes are carried out. 14. UHC: Specialists' visits are organized. No record of MCH/Immunization work are available. There is no attendance register for staff. 15. Website: Information uploaded is sketchy as detailed in the report. 16. Other deficiencies as pointed out in the assessment report. In view of above, the Executive Committee of the Council decided to recommend to the Central Govt. to renew the permission for admission of 3rd Batch of 150 MBBS students at American International Institute of Medical Sciences, Udaipur under Rajasthan University of Health Sciences, Jaipur under section 10A of the IMC Act, 1956 for the academic year 2018-2019. The Executive Committee further decided to reiterate its earlier decision that the applicant has failed to meet the qualifying criteria under section 3(2)(2) of Establishment of Medical College Regulations, 1999 pertaining to 'suitable single plot of land'. 2. Whereas, as per Section 10A(4) of Indian Medical Council (IMC) Act, 1956, the institute was granted hearing on 19.01.2018 in the Ministry to present the case of the institute vis-a-vis disapproval letter of the MCI; 3. Whereas the Hearing Committee, after considering the submissions/compliance furnished by the Institute, observed as under: "The assessment report points out that the college and hospitals are situated on one plot of land and hostel and quarters on another. The implication seems to be that the college and associated buildings should be on the same plot and thus a violation of the regulations. The committee observes that as per MCI regulations the college buildings may be on either piece of land. Hospital should necessarily be a unitary campus. The college could produce satisfactory evidence regarding publications by the faculty, the ground on which they were accepted. Further they have failed to produce reliable evidence on OPD and Bed Occupancy in view of the above, the recommendation of the MCI for disapproval may be accepted." A copy of the Hearing Committee report containing their observation is enclosed. 4. Whereas Hon'ble Supreme Court vide its order dated 09.10.2017 in Writ Petition (c) No.450/2017 and other connected matters directed MCI to conduct a surprise inspection in respect of the College. Vide subsequent order dated 17.01.2018 the Supreme Court directed Medical Council of India and Govt. of India to take a decision in the matter by 31.03.2018 in accordance with law for the year 2018-19. 5. Now therefore, the Central Government, after considering the recommendation dated 06.01.2018 of MCI, has decided to renew the permission for admission of 3rd batch of 150 MBBS students at American International Institute of Medical Sciences, Jaipur in the academic session 2018-19. The institute is accordingly directed to admit any student in MBBS Course for the academic session 2018-19. However, the college is free to apply afresh for next academic year strictly as per Provision of IMC Act, 1956 and Regulations framed thereunder."
(3.) The order of non-renewal was challenged by the petitioner before this Court by filing a belated writ petition on 23.08.2018.;