WEST BENGAL UNIVERSITY OF HEALTH SERVICES AND ANR. ETC. ETC. Vs. INDIAN CENTRE FOR ADVANCEMENT OF RESEARCH AND EDUCATION, HALDIA AND ORS. ETC. ETC.

JUDGEMENT

(1.) ALL these matters arise from the judgment and order of the learned single judge (Gupta, J.) dated 1st August, 2012 delivered in W.P. No. 2030(W) of 2012 filed by the Indian Centre for Advancement of Research and Education, Haldia (hereinafter referred to as 'ICARE") and the ICARE Institute of Medical Science and Research, Haldia (hereinafter referred to as 'the College'). MAT No. 1516 of 2012 is an appeal preferred by the Medical Council of India (hereinafter referred to as 'MCI') against the judgment of the learned single judge. AST 221 has been preferred by the West Bengal University of Health Science (hereinafter referred to as 'the University'). AST 239 is an appeal preferred by the State of West Bengal. W.P. No. 4481(W) of 2012 has been filed by seventy seven students of the College while W.P. No. 25229(W) of 2012 has been filed by one student. MAT No. 1998 of 2012 is an appeal filed by the MCI against the judgment of another learned single judge (Aniruddha Bose, J.)

(2.) AN application was submitted by ICARE on 7th July, 2010 to the State Government for issuing the essentiality certificate which is one of the prerequisites under the MCI Regulations for setting up a Medical College. After inspection and evaluation of the application submitted, the officers of the Health Department of the Government of West Bengal issued an essentiality certificate on 6th August, 2010 for setting up a Medical College at Haldia with an annual intake of hundred students.

(3.) ICARE then applied to the MCI for the letter of permission to commence a Medical College on 24th September, 2010 proposing to make it operational from the academic year August, 2011 to July, 2012. Extensive inspection and assessment of the infrastructural facilities, clinical materials, patients, teaching and non -teaching staff and other necessities was carried out by the assessors of the MCI. The assessment report was issued on 22nd/23rd March, 2011 indicating some minor deficiencies. ICARE was directed to remove the deficiencies by a letter dated 27th April, 2011 by the MCI. A compliance report was filed by ICARE on 10th May, 2011, after which a second inspection was carried out by the MCI on 24th May, 2011. On being satisfied and on verification of the assessment reports, the MCI issued a letter of permission to ICARE for establishing a Medical College on 30th June, 2011. Thus, ICARE was permitted to admit the first batch of hundred students for the academic session 2011 -12.