Hon'ble Judges/Coram:
Madan B. Lokur and N.V. Ramana

JUDGMENT

Madan B. Lokur, J.

1. Leave granted.

2. This appeal is yet another chapter in the sordid saga of admissions to medical colleges. Undoubtedly, there is something rotten in the state of medical colleges. Unless the concerned Ministries in the Government of India take a far more proactive role in ensuring that medical colleges have all the necessary facilities, clinical materials, teaching faculty, staff, accommodation etc. the health of the people of our country will take a hit in the coming years due to inadequately educated doctors. Quality in medical education is equally important, if not more, than quantity.

3. The Respondent Kalinga Institute of Medical Sciences (for short KIMS) is a recognized medical college. It is entitled to admit 100 students every year to the MBBS course.

4. For the academic year 2014-15, it was granted permission to admit an additional 50 students over and above the 100 students that was already its entitlement.

5. KIMS was desirous of granting admission to 100 plus 50 students for the academic year 2015-16. With a view to ensure that adequate facilities were available for the increased number of students, an inspection was required to be carried out by the Medical Council of India (for short 'the MCI') in accordance with the Medical Council of India Establishment of Medical College Regulations, 1999.

6. Consequently, an inspection was carried out on 27^th and 28^th January, 2015 by an Inspection Team of the MCI which revealed quite a sorry state of affairs. A large number of serious deficiencies were pointed out by the Inspection Team and communicated to the MCI. Thereafter, in a communication sent by the MCI to the Dean Principal of KIMS on 31^st January, 2015 the deficiencies were indicated and KIMS was informed that a show cause notice was proposed to be issued for withdrawal of recognition of the courses run by it. Be that as it may, the MCI took a decision recommending to the Central Government through the Ministry of Health and Family Welfare (Department of Health and Family Welfare) to deny permission to KIMS to add 50 additional seats for the MBBS for the academic year 2015-16.

7. We enquired from learned Counsel for the MCI the procedure for carrying out an inspection. Our attention was drawn by learned Counsel to Page 'J' of the appeal paper-book wherein it is stated (and not denied) that an inspection is conducted by a team of three neutral Professors. of these, one is a coordinator and the other two are taken from an approved list of eminent medical Professors from reputed Government institutions only. Some of the institutions mentioned are the All India Institute of Medical Sciences, Post Graduate Institute, Chandigarh, Maulana Azad Medical College (Delhi), Safdarjung College (Delhi), Medical College (Kolkata), Madras Medical College (Chennai), Osmania Medical College (Hyderabad), Grant Medical College (Mumbai), G.S. Medical College (Mumbai), Bangalore Medical College (Bengaluru) etc. There is therefore no doubt that not only are the medical colleges highly reputed but it is also stated that the Professors from these colleges are eminent medical Professors randomly selected by computer software from a list of coordinators and inspectors.