Chettinad Hospital And Research Institute v. Union Of India And ANR

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 328/2018 & C.M. Nos.1383-1385/2018.

CHETTINAD HOSPITAL AND RESEARCH INSTITUTE ..... Petitioner Through Mr.Arun Bhardwaj, Snr.Advocate with Mr.Balaji Thiagariyan, Ms.Rashmi Priya & Mr.N.Shokeen, Advocates.

versus UNION OF INDIA AND ANR ..... Respondent Through Ms.Monika Arora, CGSC with Mr.Kushal Kumar, Advocate for R-UOI.

Mr.T.Singh Dev with Ms.Amandeep Kaur, Advocates for R-2/MCI.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 12.01.2018 Learned counsel appearing for respondent no.2/MCI who appears on advance notice submits that the impugned order is only a recommendation made by respondent no.2 and the final decision is yet to be taken on the said recommendation by the respondent no.1. He submits that the present petition is therefore pre-mature as a final decision is yet to be taken by respondent no.1/Union of India.

At this stage learned counsel appearing for the petitioner submits that action by the respondent no.2 is total contrary to the decision already taken by respondent no.1. He draws my attention to letter dated 16.10.2017, wherein the respondent no.1 while dealing with the case of the petitioner had observed as under:-

"The committee finds the submission of college acceptable. A valid CoA was submitted with the application and revised CoA has also already been submitted by the College with the MCI.

In view of the committee the application may be processed for assessment.

The scheme may be referred back to MCI for review." In view of the aforesaid statement made by learned counsel for the respondent no.2, the Learned Senior Counsel seeks permission to withdraw the present petition with liberty to approach the respondent no.1/Union of India by way of a detailed representation raising its grievance that the reasons for the recommendation made by respondent no.2 are contrary to the decision of respondent no.1/Union of India as noted in letter dated 16.10.2017.

Learned Senior Counsel however prays that keeping in view the time line laid down by the Hon'ble Supreme Court, the respondent no.1 be directed to dispose off the petitioner's representation expeditiously. This request of the Senior Counsel is not opposed. It is accordingly directed that if a representation is made by the petitioner within one week, the same should be considered expeditiously by the respondent no.1/Union of India, preferably within a period of ten days from the date of receipt of the representation by passing a reasoned and speaking order, which will be communicated to the petitioner.

If the petitioner is aggrieved by the decision taken by respondent no.1/Union of India it will open from them to take legal recourse as permissible under law. Needless to say that the present order is being passed without prejudice to the rights and contentions of both sides.

The writ petition is dismissed as withdrawn along with all pending applications.

A copy of this order may be given Dasti under the signature of Court Master.

REKHA PALLI, J JANUARY 12, 2018/sr