SUBHARTI MEDICAL COLLEGE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner college made an application for grant of recognition in respect of MBBS seats (100-150) to the Ministry of Health and Family Welfare, Government of India. That application was forwarded to the Medical Council of India (for short "MCI") for assessment of requisite physical and other teaching facilities for enhancing the intake capacity from 100 to 150 MBBS seats. Pursuant thereto, the MCI deputed its Inspection Team who, in turn, submitted an assessment report dated 27th March, 2017. The report has noted deficiencies inter alia regarding the bed occupancy which was stated to be only 55.27% at 10.00 A.M. on the date of assessment. The said report noted as follows:

(2.) On that basis a negative recommendation was submitted by the MCI to the Central Government. That report was placed before the Hearing Committee. The petitioner college was afforded personal hearing before the Hearing Committee on 22nd May, 2017. The Hearing Committee observed that there was no deficiency with regard to the clinical material, faculty or residents as the same was within the permissible limits. However, the Hearing Committee did not comment on the factum of bed occupancy noticed in the assessment report, as can be discerned from the extracted chart available in the impugned decision dated 29th August, 2016. The said chart reads thus: <IMG>JUDGEMENT_116_LAWS(SC)9_2017.jpg</IMG> <IMG>JUDGEMENT_116_LAWS(SC)9_20171.jpg</IMG>

(3.) Presumably, because of the deficiencies amongst other regarding bed occupancy, the Competent Authority of the Central Government passed an order on 31st May, 2017, debarring the petitioner college from admitting students for two academic years 2017-18 and 2018-19 and authorising the MCI to encash the bank guarantee of L 2 crore offered by the petitioner. Since the order passed by the Competent Authority on 31st May, 2017 was bereft of reasons, this Court vide order dated 1st August, 2017 directed the Competent Authority of the Central Government to give fresh opportunity to the petitioner college and then pass a reasoned order. Pursuant thereto, the Competent Authority of the Central Government has passed a fresh order on 29th August, 2017, which, however, is founded on the recommendation made by the Hearing Committee. It appears that the Central Government had placed the matter before the Hearing Committee in which a member of the newly constituted Oversight Committee (for short, "OC"), constituted by this Court was present. The Hearing Committee could not arrive at any conclusive opinion concerning the bed occupancy deficiency, for it was of the view that physical verification was essential in that regard. Despite such inconclusive findings submitted by the Hearing Committee, the Competent Authority mechanically proceeded to pass the impugned order dated 29th August, 2017. It may be apposite to reproduce the said order: