Summary
The Court refused to interfere at that stage with decisions debarring a medical college from fresh admissions, rejecting its claim that MCI could not reinspect shortly after an earlier assessment. Deficiencies and the expired admission deadline precluded 2017–2018 relief. It directed fresh consideration for 2018–2019 after inspection, rectification and hearing, while protecting the bank guarantee against encashment.
Issues
- Whether MCI could conduct a second inspection soon after an earlier inspection.
- Whether the college could obtain admissions relief for 2017–2018 or fresh consideration for 2018–2019.
Held
- MCI’s statutory responsibility for medical-education standards includes reverification where the apparent availability of faculty, facilities or clinical material may not reflect reality. In the absence of a statutory prohibition, the Court would not restrict fresh inspection merely because it closely followed an earlier one. (¶ 17–18)
- Repeated opportunities to rectify had been provided, and the inspection disclosed deficiencies. Admission of students for 2017–2018 was refused; the last admission date had also elapsed and the session had commenced. (¶ 19–20)
- The college could demonstrate removal of deficiencies for fresh consideration of recognition and permission for 2018–2019 under the prevailing regulations. The existing Union-government decisions of 31 May and 31 August 2017 were not interfered with at that stage. (¶ 21–22)
- MCI was directed to inspect within two months, communicate deficiencies and permit rectification. After its recommendation the Central Government was to decide according to law after hearing, with the stipulated Hearing Committee assistance. The Rs 2 crore bank guarantee was to remain alive and not be encashed. (¶ 22)
Result
Petition disposed of with directions for fresh 2018–2019 consideration and non-encashment of the guarantee; no 2017–2018 admissions relief.