Summary
The Court refused immediate permission to increase MBBS intake from 100 to 150 because the significant bed-occupancy deficiency required physical verification. Although the Government’s mechanical reiteration of debarment could not withstand scrutiny, the appropriate relief was fresh inspection and rectification. The application was to be considered for 2018–2019, with the bank guarantee kept alive and protected from encashment.
Issues
- Whether inconclusive bed-occupancy findings supported the Government’s reiterated decision or immediate enhanced intake.
- What fresh consideration should govern the proposed additional MBBS seats.
Held
- The Hearing Committee had not conclusively validated bed occupancy and called for physical verification. The Government nevertheless mechanically reiterated its earlier decision. The second final committee report after reconstitution of the Oversight Committee was not procedurally objectionable on the ground urged. (¶ 3–4)
- Prior assertions about satisfactory occupancy did not resolve the deficiency recorded on inspection. Since it exceeded permissible limits and remained unverified, immediate enhanced intake for 2017–2018 was unsafe. (¶ 5)
- Although the impugned order could not stand judicial scrutiny, MCI was directed to inspect within three months, disclose deficiencies and allow specified time to rectify, verify compliance and report. The competent authority was to decide within one month of receipt, leaving remedies against an adverse decision open. (¶ 6)
- The proposal was for increasing intake from 100 to 150 seats; approval, if granted, would operate for 2018–2019. The 2017–2018 application was to be treated accordingly. The guarantee was to remain alive and unencashed until further governmental orders. (¶ 7)
Result
Petition disposed of with fresh-inspection and decision directions for proposed increased intake in 2018–2019; no immediate enhancement and no costs.