KALPESH SATYENDRA JHAVERI,J. - (1.) By way of this petition, the petitioner has challenged the order passed by the Central Government as well as the Medical Council of India whereby the recognition for the III Batch (II renewal) for Medical College within the city of Jaipur was rejected inspite of fulfilling all requirements by them. 1. 1. They have also challenged the clause B.1.1 at serial no. 7 in amendment notification dated 22nd January, 2018 in minimum requirement for of 150 MBBS Admission annually Regulation 2017 which provides having minimum 60% indoor occupancy for second renewal as provided in the tabulated form as set out in serial no. 10 i.e. Bed occupancy percentage for renewal (III batch) as unconstitutional, ultravires in violation of Article 14 of Constitution of India and also prayed for setting aside and quashing the order dated 1st May, 2018 issued by respondent no.1-Union of India and to pass appropriate order granting letter of permission for admission of 150 MBBS seats.
(2.) The petitioner-College was established in the year 2016 with all requisite permissions by registered of Rajasthan, Medical Council of India and the Central Government and took admission for its first batch of 150 MBBS seats in the academic year 2016-17. The letter of permission dated 6th June, 2016 which was approved by the Central Government vide his order Annexure-1 has been filed.
(3.) Even the second batch of 150 MBBS students was approved on 31st May, 2017. However, when for the renewal of permission for admission of third batch, the matter went to the Supreme Court and on 17th January, 2018 in Writ Petition (Civil) 432/2017 passed the following order:- "In the instant case, this Court has directed the Medical Council of India and other respondents to consider the case for the year 2018-2019. The inspection has been made by the Medical Council of India and they have to take a call on the basis of the report as per procedure under the rules. Let the Government of India and Medical Council of India take decision in the matter by 31st March, 2018 in accordance with law. In case any of the college is aggrieved by the decision so taken would be at liberty to question it in accordance with the law. Nothing further survives for adjudication in the instant matters. The writ petitions are disposed of in terms of the aforesaid direction.";