Holding

Factual deficiencies in faculty and infrastructure must be determined by the MCI, not the Court, and the college may seek rectification for the 2018‑19 session but is denied relief for 2017‑18 admissions.

Summary

The Supreme Court examined a writ petition filed by Major S.D. Singh Medical College and Hospital challenging the Union Government’s order, based on the Medical Council of India’s (MCI) recommendation, that barred the college from admitting MBBS students for the 2017‑18 academic year and directed the encashment of a Rs 2‑crore bank guarantee due to serious deficiencies in faculty, residents, infrastructure and bed occupancy. The college argued that it had submitted explanations and supporting documents, and that the orders were passed mechanically without due hearing. The Court held that the factual issues concerning the availability of faculty and infrastructure are matters for the expert statutory body, MCI, and cannot be re‑appraised by the Court. It directed a fresh MCI inspection and allowed the college to demonstrate rectification of deficiencies for the 2018‑19 session, while refusing any relief for the already elapsed 2017‑18 admissions and ordering that the bank guarantee remain live. The petition was disposed of with these directions.

Issues considered

The Court’s jurisdiction to re‑appraise factual findings of the MCI and Union Government regarding deficiencies in a medical college.
Whether the college is entitled to relief for the 2017‑18 academic session and the encashment of the bank guarantee.
The necessity of a fresh inspection and hearing before the MCI for the college to establish compliance.

Legislation cited

Indian Medical Council Act, 1956s. 10-A, s. 11(2)

Subjects

Medical educationDebarmentMedical Council of IndiaFaculty deficiencyBed occupancyWrit petitionArticle 32Bank guaranteeRegulatory compliance

Judgment

[2017] 9 S.C.R. 429

MAJOR S D SINGH MEDICAL COLLEGE AND A
HOSPITAL & ANR
' .t j
v.
~ M •.,,,. ·:1 . . , r1;.
1

UNION OF INDIA AND ORS ••:.i ,i :t
I

(Writ Petition (Civil) No. 673 of2017) • · · ' · '~ '"'. •
.
B
... . .'h :.',.1
SEPTEMBER 12;20!7 .,:; . tr. .t. :•
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND
DR D. Y. CHANDRACHUD, JJ.]
• · Education/Educational J11stitutio11s: c·
· Medical' Co//ege - Debarred /rom adniltting students for .
· MBBS course for academic session 2017-18, in view of deficiency
in faculty and infrastructure etc. - Proprieiy of:- Held: Plea of the
College as regards availability of faculty and other infrastructure
raisespurelyfactual·issues - The same requires verification by MCI D
as· an expert statutory body - It cminot be re-appreciated by the
Court particularly in absence of any cogent material evidenCing
..that .the·.deficiencies have been rectified-' However, .the petitioi1er-
College is granted opportunity to establish before MCI that the
deficiencies have been rectified - This exercise shall ensure only
.. for academic session 2018~19 and not for 2017-18. . E
Medical Council of India (MCI) recommended that the ·
appellant-Medical College be debarred front admitting students
for academic session 2017-18, in view of deficiencies noted ·by it.
Central Government affirmed the decision of MCI ·on31 .05.2017.
The petitioner-institution challenged th.e same in writ petjtion u/ · F
· Art. 32 of the Constitution oflndia. This Court directed the Union
Goverm,nent to afford hearing to the petitioner-institution and to
issue a fresh order. Pursuant thereto, after granting hearing to
the institution, Union Government by its order dated 30.08.2017
affirmed its earlier order dated 31,05.20.17. The order dated
30.08.2017 was challenged in interlocutory application•
. . • . Petltione~bttera/ia contended that it had explained the
. alleged deficiencies with supporting documents, which was not
consh!ered and that t~e impugned. orders were passed .in
. mechanical manlier. . . . .
H ·"
429
430 SUPREME COURT REPORTS [2017) 9 S.C.R.

A Disposing of the petition, the Court
HELD: 1. The explanation which bas been submitted by
the petitioner in regard to the availability of faculty and other
infrastructure raises purely factual issues. In the very nature of
things, this is a matter which requires verification by MCI as an
B expert statutory body. The availability of faculty and their
presence on the date of inspection is a matter for factual
determination and cannot be re-appreciated by the court. The
petitioner has stated that it has not admitted any student for two
consecutive academic years as a result of which it has no students
C for the first and second years of the MBBS degree course. The
impugned orders have to be read as a composite whole and the
ultimate conclusion cannot be read torn out of (he context set
out in the entirety of the factual background noticed in the
determination. The orders passed by the Union Government in
the present regard cannot be construed in the same manner as
D orders passed by a court in a judicial proceeding. The court cannot
overlook the fact that in the assessment reports of March and
April 2016 and July 2016, serious deficiencies have been noted
in the availability of faculty and residents and iu regard to bed
occupancy. These deficiencies, have been observed to have
continued in the assessment report dated 21 February 2017. In
E the very nature of things, it would not be appropriate for this
Court to reappraise the factual situation for itself, particularly in
the absence of any cogent material evidencing that the deficiencies
have been rectified. However, it would be in the fairness of things
to permit the petitioner to have an opportunity to establish before
F the MCI that all the deficiencies have been duly rectified by the
petiti1mer. This· exercise, however, shall enure only for academic
year 2018-19 and not prior thereto. The cut-off date for
admissions to the MBBS degree course for 2017-18 has already
elapsed following whi'?h the academic session has commenced.
G [Para 10)(440-C-H].
2. The Court directed that the case of the. petitioner shall
be. duly considered by MCI 'llnd,by the Union Government in
accordance with the prevalent regulations for academic year 2018-
19. The bank guarantee which was furnished by the petitioner
shall be kept live in the meantime and shall not be encashed.
'H
'.

MAJOR S D SINGH MEDICAL COLLEGE AND 431 .
' HOSPITAL v. UNION OF INDIA

MCI is· directed to conduct a fresh inspection as per the A ·
Regulations within a period of two months. It shall apprise the
petitioner-institution with regard to the deficiencies and afford
an opportunity to rectify the same and, thereafter, proceed to act
as contemplated under the Act. After MCI sends its·
·recomnieiidatio'n to the Central government, it shal~ take a final B
decision according to law after affording an opportunity of a hearing
to the petitioners. MCI shall take the assistance of the Hearing
Committee constituted by the Constitution Bench decision in
Amma Chandravati case .or other directions given in ·the ·said
·decision. (Para 11)(441-A-D) ·
Modern Dental College and Research Centre v. State c
of M P 2016. (7) SCC 353; Amma Chandravati
Educational and Charitable Trust and Ors.. v. Union of
India and Am: 2017(7) Jr 74 - referred to.
Case Law Reference
D
2016 (7) sec 353 referred to Para4
2017(7) JT 74 refereed to Para 11
CIVIL ORIGINAt-:JURISDICTION: Writ Petition (Civil) No.
673 of2011. · · ·
.· E
·under Article 32 of the Constitution oflndia.
· Mukul Rohatgi, Sr: Adv., Shree Prakash Sinha. Deepak Srivastav,
Rakesh Mishra, Shekhar Kumar, Ninad Laud, Ms. Ranjeeta Rohatgi.
Ms.Pragya Baghel, Anjuman Tripathy, M. Thangathurai, Ms. Samten
Dorita, Advs. for the Petitioners
F
Maninder Singh, ASG, Vikas Singh, Sr. Adv., Ms. Binu Tamta,
Harpreet Singh Sandhu, GS. Makker, Gaurav Sharma, Dhawal Mohan,
Prateek Bhatia, Ms. Amandeep Kaur, Advs. for the Respondents
-,
The Judgment of the Court was delivered by
DR. D. Y. CHANDRACHUD, J. I. The petitioner has called G
into question an order dati:_d 31 May 2017 of the Union government,
prohibiting it from admitting studenfa.for the MBBS course during
academic years 2017-18 and 2018-19 and authorizing Medical Council
· of India ('MCI') to encash a bank guarantee of Rs 2 crores.
.H
432 SUPREME COURT REPORTS [2017] 9 S.C.R.

A 2. During the pendency of these proceedings. by an order dated
11 August 2017. the Union government was directed to furnish an
opportunity of being heard to the petitioner and to pass a reasoned order
by the end of August 2017; Pursuant to the above directions, a fresh
order has been passed on 30 August 2017 which has been called into
B question in I ANo.~5887of2017.
3. On 6 May 2011. MCI issued a letter of intent to the petitioner
under Section JO-A of the Indian Medical Council Act, 1956 ('IMC Act')
for academic ye~r 2011-12. The lJnion government issued. a letter of
permission on 28 June 20 l l, allowing the petitioner to admit I00 students
for the MBBS degree course. For academic years 2012-l.3, 2013-14
C and 2014-15, permissions were granted to the petitioneron 22 June 2012,
5June 2013 and4 July 2014. On 15 June2015, the petitioner was declined
permission to admit the fifth batch of students for academic year 2015-
16. MCI conducted an inspection of the college on 2 March 2016 and on
6 and 7 April 2016. The following deficiencies were noticed:
D I. "Deficiency-of faculty is 70.75% as detailed in the report.·
2. Shortage of Residents is 89.55% as detailed in the repo11.
3. Medical Superintendent Dr CS Aggarwalw:is not available
on both days of assessment. •
E 4. OPD attendance on day of assessment was 552 againM
requirement of 800 ..
5. Bed occupancy was 24.46% on day of assessment.
...
6. There was NIL Major operation & 02 Minor operations on
day of assessment.
F
7. There was NIL Normal Delivery & NIL Caesarean Section
on day of assessment.
8. CT Scan is not functional.
9. Workload of Special investigations like Ba. !VP was NIL on
G . day of assessment'.
. . .
; -~ '• .~ . . . .
~ '

l 0. Radiological investigation \vorkload is grossly inadequate.
l (. Histopathology workload was only 03 & Cytopathological
. . workload was only 04 on day of assessment.
H
MAJORS D SINGH MEDICAL COLLEGE AND HOSPITAL v. 433
UNION OF INDIA [DR. D. Y. CHANDRACHUD, J.]

12. Labour Room: Labour Register is not available. There is no A
sisteri/c.
13. Radiodiagnosis Department: Only 2 mobile X-ray machines
are available against requirement of 4. Orily 3 static X-ray
machines are available against requirementof 5. Only 2 USG
. machines are available against requirement of3. B
14. OPD: Plaster room & Plaster Cutting Room are common.
··Cancer Detection clinic is non-furtctional. · " ·
· 15. :casualty: Reception counter in Casualty is non-functional
and laden with dust. · · •
c
16. MRD: Staff is inadequate.
17, ·Wards of Tb & Chest, Skin & VD & Psychiatry are common .
for males & females. · ·
. . .
. .
18. CSSD: Staff is not adequate.Ile Nurse/Technician is not·
available. . .. D
l9.. Centrai Library: It is not fuUyair-conditioned. Students' ;eading
Room (Inside), Staff Reading Room, Residents' reading
· .. Rooms are not. air-conditioned. Internet connection Is not
available.
·· 20.· Central Photography Section is not functional E
. . .
21. Students' Hostels: Visitors' room; A.C.Study room with
Computer & Internet Recreation room are not available;
22 .. Interns' Hostel: Visitors; room, A.C. Study rooin with Computer
: & Internet Recreation room are not available. · F .
23. Residents? Hostel: Visitors' room, A.C. Study room with
Computer & Internet; Recreation room are not available.
· 24. Canteen facilities are inadequate.
. .
· · 25. Anatomy D~partment: Specimens available are only 80.
0
Cadavers are not available. Capacity of cold storage for dead
bodies is inadequate.
26. Pathology department: Only 80 specimens are available .

I . .H
434 SUPREME COURT REPORTS [2017] 9 S.C.R.

A 27. Microbiology Department: Only I Service Laboratory is
available against requirement of7 .
. 28. Community Medicine Department: Demonstration room has
capacity of only 30 which is inadequate.
29. RHTC: It is non-functional. It is just labeled & located in a
B college campus. There are no clinical, survey, Immunization,
family welfare or National Health Programme activities. No
record is available..
30. UHC: It is ncit available. A private nursing home was shown
as UHC which is not permissible. No manpower is available.
c There are no clinical, survey Immunization, family welfare or ·
National Health Programme activities. There is no record."
The Executive Committee of MCI, at a meeting held on 3 May 20 I 6
considered the assessment reports and noted the deficiencies.
D · There were as many as 30 deficiencies, including the above. Based. on
these deficiencies, MCI by its letter dated 15 May 2016 recommended
to the Union government not to renew permission for admission· of a
fresh ·batch of students for 2016•17. The Union government accepted
the recommendation and issued a communication dated I0 June 2016
declining permission for fresh admissions for 2016-17.
E
4. After the constitution of the Oversight Committee by the
judgment of this Court in Modern Dental College and Research
Centre v State ofM P 1! afresh report of compliance was furnished by
the college ~o the Union government. A compliance verification
assessment for recognition of the college under Section 11(2) was
F cortducte~ on I 9 July 20 I6' The following deficiencies were noticed :
I. "Deficiency of faculty is 72.4% as detailed in report.
2'. Shortage of Residents is 88.osro as detailed in the report.
3. · Both Dea.n Dr Suresh Prasad & Medical Superintendent Dr
G C S Aggarwal were not available on day of assessment.
4. OPD attendance on day of assessment was 318 against
requirement of 800.
5. Hospital is practically_non-functional since 11 iuly2016:
H 1 2016(7)SCC353 .... -- .

. "· .
MAJORS D SINGH MEDICAL COLLEGE AND HOSPITAL v. 435
UNION OF INDIA [DR. D. Y. CHANDRACHUD, J.]

6. Bed Occupancy was only 5% on day of assessment. AH the A
wards wore deserted look. There were no patients in many
wards.
7. Occupancy in Intensive Care Units was NIL on day of·
assessment.
8. There was NIL Major & NIL Minor operation on day of B
assessment. Last operation was done on 11 July 2016:
9. There was NIL Normal Delivery & Nil Caesarean Section
on day of assessment.
10. CT Scan \Vas not functional on day of assessment. c
1I. Workload of Special Investigations like Ba, IVP was NIL on
day of assessment.
12. Radiological investigation workload is grossly inadequate.
13. Laboratory investigation workload is NIL on day of
D
assessment.
14. Histopathology & Cytopathology workload was NIL on day
of assessment. No. record was available regarding samples
under process in Histopathology laboratory.
. .
15. Available USG machines are 2 against requirement of3 .. E
16. OPD: Colposcope is not available.
17. Casualty: There was NIL patient in Casualty.
18. Central Library: It is not f11lly air-conditioned.
19. Canteen facilities are inadequate: F
20. Anatomy department: Available specimens are only 56.
...:
. ~. Capacity of cold storage bodies is not adequate ..
21. Pathology department: Available specimens are only 63.
· 22. Microbiology department: All service laboratories are non- G
functional.
23. RHTC: It is partially functional. There is no clinical, Survey,
Immunization, family Welfare & National Health Programmes.
No record is available. ·
H
436. SUPREME COURT REPORTS [2017] 9 S.C.R.

A 24. There was no display of name of Dean outside his office." ·
The Executive Committee of MCI considered the assessment repmts
on 23 August 2016 when the above deficiencies were noted.
MCI once again directed the college to send its compliance.
The Oversight Committee approved conditional recognitfon for the college ·
B on 29 August 2016. This was subject to the following conditions :
"(i) An undertaking on affidavit from the Dean/Principal and the
Chairman of the Trust affirming that the deficiencies pointed
out by the assessors of the CounCil in the comp!iance
verific.ation assessment stands rectified; ·
c (ii) A Bank Guarantee for a sum of Rs. 2 crores in favour of the
Council which shall be valid for a period of one year or till
. such time the first renewal inspection takes place, whichever
. is later.
It was further directed that the inspection of the medical
D colleges which have been recommended for grant of
Conditional Letter of Permission I Recognition by the then
Oversight Committee shall be conducted after 30 September
2016 and any college which is found to have not complied /.
rectified the deficiency as per their undertaking shall be
E debarred from a!:fmitting any students for a period of2 years ·
i.e. 2017-18 & 2018-19."
'
Following this, the Union government issued conditional recognition on
12 Septemb~r2016.
5. A compliance verification assessment was carried out on 21
F February 2017. The following deficiencies were ~oted :
a. "Deficiency of faulty is 84.76% as detailed in the report.
b.. Medical Superintendent has crossed age of70 years; hence
not eligible to hold. the post.
G c, Shortage of Residents is 94:02% as detailed in the report.
d. Bed Occupancy at 10 a.m. on day of assessment is
20.85% . .
e. There was NIL. Major & NIL· Minor· assessment on. day of
assessment: There was. Major Operation after 17 February
H 2017. ' .
··MAJOR S D SINGH MEDICAL COLLEGE AND HOSPITAL v. · · 437
UNION OF JNDIA[DR. D; Y. CHANDRACHUD, J.] .

· .. f There was NIL Normal Delivery & NIL Caesarean Section A·
on day ·of assessment. · < • .· · . .• ..·. · .. · .
g. Workload of plain X-rays for indoor patients is NIL on day of.
assessment. ·
h: . Details .of .tests conducted . in service laboratories ~f
Microbiology were not provided: . ··.· · ..
T There was NIL pati~nt in Causality. on day of assessment.
. .

·. j. CT Scan is not functional..Wards ofTb & Chest, Psychiatry •·
.· and Skin & VD are cdmrrion for males/femai~s. There were
NIL patients in these wards on day of assessment. Deficiency
· remains as it is.
k. Central Library: It is not fully air"'Conditioned. Only Iilntern~t ·.
Nodes are available. Deficiency remains as it is.
I. · Students' .Hostel: Computer in Study room is nonfunctional.
. & does not have Iilternet. Interns' Hotel: Computer in Study . D.
room is nonfunctional and does not have internet. Recreation
room is not available. ·
. m. ·Residents' Hostel: Computer in Study room i.s nonfunctional
& does not have Internet. ·. · · ,. · ·
n. Canteen: Although infrastl'l1cture is available, presently canteen · E
services are not available., · · ·
o. RHTC: Details not provided. F~culty from Community
Medicinewere not present at time ofvisit. l]HC: Details not.
provided; faculty from Community Medicine were not
preserit at time of visit.
p. Other defii:iencies as pointed out in the assessment report."
The Executive Committee considered the assessmentreport dated 21
. Febrnary 2017 in its meeting held on 21 March 2017. . ..
After deliberation, it was decided to recommend tothe Centr~I. G ;
Government not to approve th.e conditional recognition granted to the
.. college by the Oversight Committee. It was further decided to invoke
.· Regulation 8(3)(1 Xc) of the MCI Establishmenf of Medical College
· Regulations, 1999. Regulation 8(3)( I)(c) stipulates that ifin any medical
college which isatthe stage ofrecognitioll under Section Tl(2)ofthe H
438 SUPREME COURT REPORTS [2017] 9 S.C.R.

A IMC Act, 1956 it is noticed that the deficiency of faculty is more than
l 0% and/or bed occupancy is less than 70%, such an ~nstitute \Viii not be
permitted to admit students in that academic year. The said Regulation
also provides that ifthe afore-mentioned deficiencies are noticed in the.
college MCI will issue a notice calling upon the college to show cause as
to why the recognition granted to the college be not withdra~n. The
B •relevant portion of Regulation 8(3)( l)(c) is reproduced he..e'inbelow :
"(c) Colleges which are already recognized for award ofM.B.B.S
degree and /or running Postgraduate courses.
If it is observed during any inspection I assessment of the institute
c that the deficiency of teaching fac;ulty and /or Residents is more
than I 0% and I or bed occupancy is <70%, compliance of
rectification of deficiency from such an institute will not be
considered for issue ofrenewal of permission in that processing
application for Postgraduate courses in that Academic Year and
will be issued show cause notices as to why the recommendations
D for withdrawal of recognition of the courses run by that institute
should not be made for undergraduate and postgraduate courses
which are recognized under Section 11 (2) of the IMC Act, 1956
along with direc.tion of stoppage of admissions in permitted
postgraduate courses."
E By a letter dated 24 March 2017, MCI recommended that the college
should, in view of the deficiencies, be debarred from admitting students
for 2017-18 and that the bank guarantee furnished by the petitioner be
encashed. An opportunity of being heard was thereafter furnished by
the Hearing Committee constituted by the Union government, which
F affirmed the decision of the MCI on 31 May 2017.
6. On 11August2017, this Court, while entertaining the writ petition
filed by the college, directed the Union government to afford a hearing
and to issue a fresh order. Following the above directions, a hearing was
granted to the college on 24 August 2017 and an order was issued on.30
G August 2017 affirming the earlier decision. The order passed ,by the
Union government notes that the representative of the Oversight
Committee could not attend the meeting of the Hearing Committee.
7. The petitioner has urged that the college has received the
recommendations of MCI and permissions of the Union government
H since 20I1-12 and, until date, four batches have been admitted. For
MAJOR S D SINGH MEDICAL COLLEGE AND HOSPITAL v. 439
UNION OF INDIA [DR. D. Y. CHANDRACHUD, J.]

academic session 20 I5-16, permission was denied to the college on I 5 A
June 20 I5.' .For 20t6-l 7 the college, despite the grant of conditional
· recognition under Section 11 (2), was unable to admit students since no
students were supplied by thethird respondent (Director General, Medical
Education, State ofU P). In consequence, the college does not presently
have students for the first and second year of the MBBS degree course,
B
8. The petitioner submitted that for compliance verification, the
college was inspected on 21February2017. The petitioner has adverted
to the fact that the assessment report dated 21February2017 is relevant_
since in the impugned order dated 30 August 2017, it has been stated
that no dissent note on the assessors' report was given by the college.
The grievance of the petitioner is that it had explained the alleged C
'deficiencies together with supporting documents which has.not been
considered. For example, it has been submitted that the faculty could not
present itselfon 21 Febrnary 2017 "because of the short time and some
faculty were on leave and some faculty were not counted";According
to the petitioner, since no students were admitted for the first two D
academic years of the MBBS course at the relevant time, the faculty of
seven departments was idle with no work ofteachir.ig. According to the
assessment report, 34 out of 113 members of the faculty were not available
though the petitioner has submitted details about them. The petitioner
points out that where.as at one stage the deficiency of faculty is recorded
at 72.4%, at another stage, it is recorded at 84.76%. E
9. Following the receipt of.MCI's letter dated.24 March 2017, the
Union government directed the petitioner by its letter.dated 5 April 2017
to appear for a hearing on II April 2017. The petitioner has submitted
that it appeared before the Hearing Committee and submitted its
objections but a non-speaking order was issued. Pursuant to the directio11s F
issued ~n 11 August 2017 by this Court, the petitioner appeared before·
the Hearing Committee .on 24 August 2017 and submitted its objections
on the report of MCI dated 21 February 2017. According to the petitioner,
it has atotal faculty of 113 of which 44 are teachers for the first and
second years of the MBBS course. The petitioner has submitted that 44 G
members of the faculty have no work of teaching, in the absence of
students. According to it, it has submitted a list of faculty including Form
16 showing the TDS certificates evidencing the engagement of faculty
in the college. A similar explanation has, according to the petitioner, been
submitted in relation.to residents. The grievance of the petitioner is that
H
440 SUPREME COURT REPORTS [2017] 9 S.C.R.

A the impugned order dated 30 August 2017 is a non-speaking order. It has
been urged that the annexures of the order would indicate that the
submissions which were urged were rejected only on the ground that no
dissent note was furnished to the report of the assessors. The petitioner
urges that there was no occasion to record any dissent note in the report
dated 21February2017 and this was possible only after receipt of the
B
letter of the Union government dated 5 April 2017 which was complied
with on 9 April 2017. These submissions have been urged to buttress the
contention that the impugned orders dated 31 May 2017 and 30 August
2017 have been passed in a mechanical manner.
JO. Having considered the submissions which have been urged
c on .behalf of the petitioner, we are of the view that the explanation which
has been submitted by the petitioner in regard to the availability of faculty
and other infrastructure raises purely factual issues. In the very nature
of things, this is a m~tter which requires verification by MCI as an expert
statutory body. The availability of faculty and their presence on the date
D of inspection is a matter for factual determination and cannot be re-
.appreciated by the court. The petitioner has stated that it has not admitted
any student for two consecutive academic years as a result of which it
has no s\udents ·for the first and second years of the MBBS degree
course. The impugned orders have to be read as a composite whole and
the ultimate conclusion cannot be read torn out of the context set out in
E the entirety of the factual background noticed iQ the determination. The
orders passed by the Union government in the present regard cannot be
construed.in the same manner as orders passed by a comt in a judicial
proceeding. The court cannot overlook the fact that in the assessment
reports of March and April 2016 and July 2016, serious deficiencies
F have been noted in the availability of faculty and residents and in regard
to bed occupancy. These deficiencies, have been observed to have
continued in the assessment report dated 21 February 2017. ln the very
nature of things, it would not be appropriate for this Court to reappraise
the factual situation for itself. particularly in the absence of any cogent
material evidencing that the deficiencies have been rectified. However,
G it would be in the fairness of things to permit the petitioner to have an
opportunity to establish before the MCI that all the deficiencies have
been duly rectified by the petitioner. This exercise, however, shall enure
only for academic year 2018-19 and not prior thereto. The cut-off date
for admissions to the MBBS degree course for 2017-18 has already
·H elapsed following which the academic session has commenced.
MAJORS D SINGH MEDICAL COLLEGE AND HOSPITAL v. 441
UNION OF INDIA [DR. D. Y. CR~NDRACHUD, J.]

11. We accordingly direct that : A
(i) The case of the petitioner shall be duly considered by MCI
and by the Union government in accordance wi.th the
prevalent regulations for academic year 2018-19.
(ii) The bank guarantee which wa5 furnished by the petitioner
shall be kept live in the meantime and shall not be cncashed. B
. (iii) MCI shall conduct a fresh inspection as per the Regulations
. within a period of two months. 11 shall apprise the petitioncr-
if\stitution with regard to the deficiencies and afford an
'opportunity to rectify the same arid, thereafter, proceed to
act as contemplated under the Act. .C
(iv) After MCI sends its re~ommendation to the Central
. go~ei:nment, it shall take a final decision according to law
,: after affording an opportunity of a hearing to the petitioners.
MCI shall take the assistance, of the Hearing Committee
constituted by the Constitution Bench decision in Amma . D
Chandravati Educational a~d Charitable Trust and
Others v Union of India and another 2 or other directions
given in the said decision~
12. Having regard to the interest o(medical education and the
observations contained in the judgment delivered today by this Court in E
Writ Petition (c) No 674 of 2017 in Madha Medical College and
Research Institute through its Managing Director v Union oflndia,
.we decline to grant any relief in respect of academic year 2017-18 to
the petitioner. · · · .
13. The petition shall accordingly stand disposed of in these terms. F

Kalpaha K. tripathy Petition disposed of.

. ~,

'Writ Petition (Civil) No 408 of 2017