(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Modern Institute Of Medical Sciences ___________________ Petitioner
v.
Union of India & Ors. _____________________________ Respondent(s)
Writ Petition (Civil) No. 1052 of 2017, decided on November 6, 2017
The Order of the court was delivered by
Order
1. The instant Writ Petition has been filed to challenge the decision dated 06-10-2017 of the Ministry of Health and Family Welfare, Government of India, debarring the petitioner-Institute from admitting students in the MBBS Course for the academic years 2017-18 and 2018-19 and also authorising the Medical Council of India (MCI) to encash the bank guarantee of Rs. 2 crore submitted by the petitioner-institute.
2. Heard Mr. Shyam Diwan, learned senior counsel for the petitioner and Mr. Gaurav Sharma, learned counsel for the Medical Council of India.
3. Having heard the learned counsel for the parties and keeping in view the recent decisions of this Court in Royal Medical Trust v. Union of India1 and Annai Medical College & Hospital v. Union of India2, it is directed that MCI shall allow the students admitted in the petitioner-institute on the basis of conditional LOP for academic year 2016-17 to continue their studies. MCI shall send a team for inspection of the petitioner-institute as per schedule for the academic year 2018-19. The application filed by the Institution for academic year 2017-18 for renewal shall be treated as an application for academic year 2018-19. If deficiencies are noted by the Inspection Team, the same shall be brought to the notice of the Institution and it shall be granted liberty to remove the same within a specified time. Thereafter, the matter shall be placed before the Executive Committee of MCI. If any deficiency is still required to be removed, the same shall be removed by the Institution within specified time, and if the Institution is a compliant Institution, the request for confirmation of LOP for the academic year 2016-17 and renewal of permission for the academic year 2018-19 may be dealt with appropriately.
4. The Ministry shall take a final decision within one month of the receipt of the recommendation from the MCI by taking assistance of the Hearing Committee as constituted by the Constitution Bench of this Court in Amma Chandravati Educational and Charitable Trust v. Union of India3 or other directions in the said decision and in accordance with law.
5. We further direct that until the final decision is taken by the Ministry and communicated to the petitioner-institution, the Bank Guarantee offered by the Institution in the sum of Rs. 2 crore shall not be encashed by MCI but the Institution shall keep the same alive. If the Bank Guarantee has already been encashed by MCI in the meantime, the amount shall be refunded to the Institution which shall furnish a fresh Bank Guarantee in the like amount to the MCI within two weeks from the date of receipt of the amount.
6. Learned counsel for the petitioner seeks some time to file the relevant documents for inspection to be conducted by the Medical Council of India. Mr. Gaurav Sharma, learned counsel for the Medical Council of India states that he has no objection to the same. The petitioner is accordingly permitted to submit the relevant documents to the MCI by 13.11.2017.
7. Mr. Gaurav Sharma, learned counsel for the MCI would submit that the petitioner will be required to pay the inspection fee if it is not paid, for the inspection to be conducted in terms of this order for considering confirmation of LOP for academic year 2016-17 and renewal application for academic year 2018-19.
8. In the event, the final decision of the Competent Authority of the Central Government is adverse to the Institution it will be open to the Institution to take recourse to such remedies as may be permissible in law.
9. We further make it clear that the respondents shall treat the renewal application submitted by the Institution for academic year 2017-18, as having been made for academic year 2018-19 and process the same in accordance with law with promptitude.
10. The writ petition stands disposed of in the above terms with no order as to costs.
Writ Petition(s)(Civil) No(s). 1052/2017
Modern Institute of Medical Sciences ___________________ Petitioner
v.
Union of India & Ors _____________________________ Respondent(s)
(FOR ADMISSION and IA No. 110983/2017-EXEMPTION FROM FILING O.T.)
Date: 06-11-2017 This petition was called on for hearing today.
(Before Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
For Petitioner(s) Mr. Shyam Diwan, Sr. Adv.
Mr. Puneet Jain, Adv.
Ms. Christi Jain, Adv.
Mr. Abhinav Gupta, Adv.
Ms. Ankita Gupta, Adv.
Ms. Pratibha Jain, AOR (NP)
For Respondent(s) (For MCI) Mr. Gaurav Sharma, Adv.
Mr. Dhawal Mohan, Adv.
Mr. Prateek Bhatia, Adv.
UPON hearing the counsel the Court made the following
Order
11. The writ petition stands disposed of in terms of the signed order with no order as to costs.
———
1 In W.P. (C) No. 747/2017 decided on 12.09.2017
2 In W.P. (C) No. 525/2017 decided on 14.09.2017
3 In W.P. (C) No. 408/2017 decided on 18.07.2017
