RAJESH SHANKAR,J. - (1.) The judgment is being pronounced today through virtual mode.
(2.) The present writ petition has been filed for quashing the notice under Ref. U-11011/04/2020/14-MEC dated 06.11.2020 (Annexure-28 to the writ petition) issued by the office of ADG(ME), Government of India, Directorate General of Health Services, Medical Counselling Committee (MCC), New Delhi, whereby Manipal Tata Medical College, Jamshedpur-petitioner no.1 has been removed from the seat matrix for the first round of counselling of undergraduate seats being held in pursuance of the NEET-2020 Examination. Factual Matrix of the Case
(3.) The Manipal Academy of Higher Education (in short MAHE) (the petitioner no.2) and Tata Steel Limited (TSL)-the respondent no.7 created a consortium to set up a premier institution for medical education and training at Baridih, Jamshedpur (petitioner no.1 herein) in accordance with the provisions of the Amendment Notification No. MCI-34(41)2019-Med./112859 dated 13.05.2019. The Department of Health, Medical Education and Family Welfare, Government of Jharkhand granted essentiality certificate to the petitioner no.2 on 28.06.2019 as required under Regulation 2(3) of the Establishment of Medical College Regulations, 1999. The petitioner no.2 as a consortium leader submitted an application on 01.07.2019 before the Secretary General, Board of Governors, in supersession of the Medical Council of India, New Delhi for establishment of new medical college at Baridih Jamshedpur (Jharkhand) with an intake of 150 MBBS seats commencing from the Academic Session 2020-21, stating that the respondent no.7 is a consortium with it. Thereafter, the Department of Higher, Technical Education and Skill Development, Government of Jharkhand also granted no objection certificate for establishment of an Off-campus Centre of the petitioner no.2 vide its letter dated 04.10.2019. The inspection team of the Board of Governors (BoG), Medical Council of India inspected the College and submitted its report pointing out certain deficiencies and the said report was forwarded to the petitioner no.2 vide e-mail on 22.01.2020 asking it to provide pointwise compliance report within thirty days. The petitioner-College through the consortium leader, MAHE, submitted comprehensive compliance report stating therein that all the deficiencies as pointed out were redressed. Thereafter, a compliance assessment of the College was conducted by the assessors appointed by the BoG only on 09th and 10th of September, 2020 who asked to furnish certain documents including undertaking in respect of providing all infrastructural facilities as well as Bank Guarantees of required amount in favour of Medical Council of India from the petitioner no.2 through e-mail dated 21.09.2020 in order to process the application and for issuance of formal letter of permission (LoP). Accordingly, the petitioner no.2 vide letter dated 22.09.2020 submitted its requisite undertaking and bank guarantees of an amount of Rs.24 Crores in total. A letter of permission in supersession of the Medical Council of India was issued by BoG vide letter No. MCI-34(41)(E-17)/2019- Med./123080 dated 24.09.2020 under section 10-A of the Indian Medical Council Act, 1956 and the petitioner no.1 was granted permission for 150 seats for the MBBS Course to be offered by it in the academic session 2020-21. The said permission was granted initially for a period of one year, which was to be renewed on yearly basis after verification of achievement of annual targets as prescribed in section 10A of the said Act. In the meantime the Indian Medical Council Act, 1956 was repealed and the National Medical Commission Act, 2019 (in short the Act, 2019) was notified on 24.09.2020 making the respondent no.5 as the successor-in-interest of the Medical Council of India including its subsidiaries or owned trusts. The petitioner no.2 was conferred Institution of Eminence (IoE) status by the Ministry of Education, Government of India under the UGC (Institutions of Eminence Deemed to be Universities) Regulations, 2017 and pursuant thereto Memorandum of Understanding (MoU) was signed between Ministry of Education, Government of India and the petitioner no.2 on 09.10.2020. The petitioner no.2 registered the College (petitioner no.1) with Medical Counselling Committee, DGHS, MoHFW, Government of India on 09.10.2020 and information regarding seat matrix was also uploaded on Medical Council Committee (MCC) website on the same day. The petitioner no.2 submitted an application on 16.10.2020 for Off-Campus Centre in Ministry of Education prescribed website i.e. Deemed to be University Monitoring Portal (DTBUMP). Thereafter the counselling for medical seats to be allotted pursuant to NEET examination was commenced by the MCC on 28.10.2020. The College (petitioner no.1) published advertisements in various prominent newspapers in different States to bring to the notice of the students regarding offering of the undergraduate medical programme including MBBS by it. Suddenly, on 06.11.2020 the office of ADG(ME), Government of India, Directorate General of Health Services, MCC issued a notice under Ref. U-11011/04/2020/14-MEC, removing the petitioner no.1 from the seat matrix for the first round of counselling of Undergraduate Seats being held in pursuance to the NEET-2020 Examination. The respondent no.3 vide notice dated 07.11.2020 extended the reporting date for admission in the allotted colleges till 14.11.2020. The respondent no.1 in response to the application for establishing Off-campus Centre at Baridih, Jamshedpur for the petitioner no.1-college wrote letter dated 10.11.2020 informing the petitioner no.2 that it was no longer governed by the UGC (Institutions Deemed to be Universities) Regulations, 2019, rather UGC (Institutions of Eminence Deemed to be Universities) Regulations, 2017 would be applicable to such Institutions of Eminence Deemed to be Universities and therefore the application of the petitioner no.2 could not be processed. Submissions on behalf of the petitioners;