TAGORE MEDICAL COLLEGE AND HOSPITAL Vs. BOARD AOF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) THE petitioner has approached this Court seeking a writ of mandamus to quash the impugned order dated 28.6.2012 by which the grant of renewal of the petitioner institute has been rejected. THE petitioner also seeks a writ of mandamus directing respondent to grant second renewal for admission of its third batch of 150 MBBS students for the academic year 2012-2013.

(2.) IT is the case of the petitioner that the order dated 28.6.2012 passed by respondent, rejecting the grant of renewal of petitioner institute, is illegal, arbitrary and has been passed without any application of mind.

(3.) LEARNED counsel for the petitioner submits that although six deficiencies were pointed out none of the six deficiencies have been considered for the ultimate rejection by the impugned order of 28.6.2012. On 2.6.2012 petitioner submitted a compliance report to the respondent with respect to the deficiency report of 26.5.2012. In June, 2012, two Professors as against the requirement of three Professors, as per the MCI Assessors Guide, were appointed as per the terms of reference therein to verify the compliance of deficiencies raised in the assessment report dated 17th and 18th February, 2012 and the compliance verification assessment report of 16.6.2012. According to the petitioner this communication pointed out ten fresh deficiencies and did not make mention of earlier six deficiencies which would mean that the respondent was satisfied that the earlier deficiencies stood cured.