Summary
The Court found that the Central Government had mechanically reiterated medical-college debarment despite an inconclusive Hearing Committee assessment of bed occupancy. It ordered fresh inspection and rectification for deciding confirmation of renewal permission for the fifth MBBS batch in 2016–2017. The bank guarantee was protected pending further governmental orders; the judgment did not grant the requested 2017–2018 admissions permission.
Issues
- Whether the reiterated debarment decision complied with the requirement of reasoned reconsideration.
- Whether the unresolved bed-occupancy issue required physical verification.
- What directions should govern confirmation of the existing renewal permission and the guarantee.
Held
- The reiterated order was mechanical and failed to conform to the earlier direction to consider all aspects and record reasons. Faculty and resident deficiencies were insignificant or permissible, but the significant bed-occupancy issue remained unresolved. (¶ 9–10)
- The Hearing Committee could review the matter after reconstitution of the Oversight Committee. Its final report required physical verification of bed occupancy and patient genuineness; earlier chart comments did not amount to a conclusive favourable finding in that final review. (¶ 11–12)
- MCI was to inspect within three months, identify any deficiencies and allow specified time to remove them, then verify reported compliance and submit its report. The competent authority was to decide within one month of receiving that report; remedies against an adverse decision remained open. (¶ 14)
- The inspection concerned confirmation of renewal permission for the fifth batch of 100 MBBS seats for 2016–2017. The guarantee was not to be encashed and was to remain alive until further orders of the Central Government’s competent authority. (¶ 15)
Result
Writ petition disposed of with fresh-inspection and decision directions concerning 2016–2017 renewal confirmation and protection of the guarantee; no costs.