Summary
A medical college challenged refusal to confirm its conditional permission, a two-year admission bar and proposed encashment of its guarantee. The Court found the decision reasoned and the inspection permissible, granting no admission relief for 2017–2018. It protected existing students, ordered fresh assessment for confirmation of 2016–2017 permission and required prompt processing of renewal for 2018–2019.
Issues
- Whether the post-Diwali inspection and government decision were invalid or mechanical.
- What relief could protect admitted students and secure further assessment without permitting late admissions.
Held
- Inspection on 3–4 November 2016 was outside the festival exclusion period following Diwali on 29 October. The authorities had considered and rejected the explanations; significant deficiencies remained, including staffing and clinical facilities. The decision showed application of mind and relevant reasons, though it need not resemble a judicial judgment. (¶ 8–11)
- No direction permitting admission for 2017–2018 was appropriate once the cut-off had passed and the academic session begun. Relief was moulded to protect students already admitted under conditional permission and to secure further regulatory consideration. (¶ 12–13)
- MCI was to inspect within two months for overall performance and deficiencies, allow time for rectification, receive compliance and verify it before making its recommendation. The Ministry was to decide within one month of receipt. This inspection concerned confirmation of permission for 2016–2017; the 2017–2018 renewal application was separately to be treated as one for 2018–2019. (¶ 13(i–iii), (v–vi))
- The Rs. 2 crore bank guarantee was not to be encashed until the Ministry’s final decision was taken and communicated, while the college had to keep it alive. Remedies against an adverse final decision remained available. (¶ 13(iv))
Result
Petition and interlocutory application disposed of with student protection, two-month inspection, compliance and decision directions, preservation of the guarantee and processing of renewal for 2018–2019. No costs.