Summary
The Court set aside a medical-college debarment decision that merely reiterated the earlier order despite an inconclusive Hearing Committee recommendation requiring physical verification. Significant unresolved deficiencies precluded immediate recognition or 2017–2018 admissions relief. It ordered inspection and rectification for consideration of 2016–2017 recognition and, if approved, consequential 2018–2019 admissions, while protecting the bank guarantee.
Issues
- Whether the reiterated decision could rest on an inconclusive recommendation requiring physical reverification.
- Whether setting it aside justified immediate permission or required fresh inspection.
Held
- The Hearing Committee had required physical reverification before accepting or rejecting the college’s explanation. The Government assigned no reason for nevertheless reiterating its earlier debarment decision; the 31 August 2017 decision therefore had to be set aside. (¶ 7–9)
- Setting aside the decision did not establish entitlement to recognition or 2017–2018 admissions. The infrastructure and academic deficiencies were significant and beyond permissible limits, requiring verification rather than an immediate favourable direction. (¶ 9)
- MCI was to inspect within three months, identify deficiencies and allow specified time for correction, then verify reported compliance and submit its report. The competent authority was to decide within one month of receipt; remedies against an adverse decision remained open. (¶ 11)
- The inspection concerned recognition or approval for 2016–2017 and, if approved, consequential directions including admission of 150 students in 2018–2019. The bank guarantee was to remain alive and unencashed until further governmental orders. (¶ 12)
Result
Decision of 31 August 2017 set aside; petition disposed of with fresh-inspection and decision directions, without immediate admissions permission; no costs.