Hon'ble Judges/Coram:
L. Nageswara Rao and Mohan M. Shantanagoudar

JUDGMENT

L. Nageswara Rao, J.

Leave granted.

1. Vedantaa Institute of Academic Excellence Pvt. Ltd. and Vedantaa Institute of Medical Sciences, Respondent Nos. 1 and 2 herein filed Writ Petition No. 4319 of 2018 in the High Court of Judicature at Bombay seeking a direction to the Appellant to send its Experts' team for the purpose of verifying the compliance of the deficiencies pointed out earlier. They also prayed for a direction to the Appellant to forward its recommendation to the Central Government before 30^th April, 2018. They sought a further direction to Respondent No. 3 herein, Union of India to consider the grant of renewal permission on the basis of the recommendations received from the Appellant. The High Court allowed the Writ Petition and directed the Medical Council of India to inspect Respondent No. 2, Medical College and submit a report to the Union of India before 30^th April, 2018. Aggrieved thereby, the Appellant Council has filed the above appeal.

2. Respondent No. 1 submitted an application Under Section 10A of the Indian Medical Council Act, 1956 (hereinafter referred to as the 'Act') for starting a Medical College. A letter of intent was issued to Respondent No. 1 after conducting an inspection. The Union of India issued a letter of permission dated 31.05.2017 to Respondent No. 1 to admit the first batch of 150 students for the academic year 2017-2018. After issuance of a letter of permission, the Respondent No. 2 College was included in the list of Colleges for centralised process of admission carried out by the State of Maharashtra. Students were allotted for the year 2017-2018 in the centralised counselling. The inspection for the purpose of granting first renewal for admission of students for the academic year 2018-2019 was conducted on 25.09.2017 and 26.09.2017. The Executive Committee of the Appellant Council considered the assessment report in its meeting held on 25.10.2017 and it was decided as under:

The Executive Committee of the Council considered the assessment report (25/26.09.2017) and noted the following:

1. Deficiency of faculty is 84.05% as detailed in the report.

2. Shortfall of Residents is 87.23% as detailed in the report.

3. Pathology, Microbiology, Pharmacology, Forensic Medicine, Community Medicine departments are under construction

4. Bed Occupancy is 01% at 10 a.m. on day of assessment.

5. Wards: Majority of the wards were locked or under renovation and non-functional.

6. Data of OPD attendance, Radiological & laboratory investigations are inflated.

7. There was NIL Major, NIL Minor & NIL Daycare Operation on day of assessment.

8. There was NIL woman in Labour room.

9. Nursing staff: 164 Nursing staff are available against requirement of 175.

10. Paramedical & Non-teaching staff: 90 Paramedical & Non-teaching staff are available against requirement of 100.

11. MRD: There is no MRD Office.

12. O.T.: Non of O.T. was functional on day of assessment

13. ICU: There was NIL patient in ICCU & all ICUs on day of assessment.

14. 1 Mobile X-ray machine is available against req........