Adesh Medical College & Hospital v. Union Of India & ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4895/2018 & C.M.Nos.18846-47/2018 ADESH MEDICAL COLLEGE & HOSPITAL ..... Petitioner Through Mr.Arun Bhardwaj, Sr.Adv with Mr.J.S.Bhasin and Mr.Nishant, Advs.

versus UNION OF INDIA & ANR ..... Respondent Through Mr.Ripudaman S.Bhardwaj, CGSC with Mr.Sushil Kumar Pandey, Adv for R-1.

Mr.T.Singhdev with Ms.Puja Sarkar, Advs for R2.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 09.05.2018 Vide the present petition, the petitioner has sought quashing of the respondent no.2's/MCI recommendation letter dated 01.11.2017, recommending disapproval of the renewal sought by the petitioner for 2nd Batch of MBBS Course for the academic year 2018-19. Mr. Arun Bhardwaj, learned senior counsel for the petitioner submits that after the receipt of the aforesaid communication from respondent no.2, the respondent no.1/UOI had given an opportunity of hearing to the petitioner as per the regulations and after considering the submissions of the petitioner, the matter had been remanded back to respondent no.2 for review.

He further submits that till date, the petitioner has not been informed, as to whether, the respondent no.2 has after review sent any fresh recommendation to respondent no.1 or not. At this stage, Mr.T.Singhdev, learned counsel, who appears on advance notice for the respondent no.2 submits that the respondent

no.2 had already reconsidered the matter and sent its fresh recommendation, with the approval of the over-sight committee to the respondent no.1 on 07.05.2018. He further submits that it is now for the respondent no.1 to take a considered decision on the petitioner's application.

Mr.Ripudaman S.Bhardwaj, learned counsel, who appears for the respondent no.1 submits that the respondent no.1 is already seized of the matter and is considering the recommendations received from the respondent no.2. He, therefore, prays for two weeks time to pass an appropriate order on the petitioner's application. However keeping in view, the timeline as laid down in the regulation, I am of the considered view that the respondents ought to decide the petitioner's application in an expeditious manner. The respondent no.1 is accordingly directed to take a final decision on the petitioner's application by passing a reasoned and speaking order within a period of ten days and communicate the same to the petitioner and its counsel.

Needless to say, in case, the petitioner is aggrieved by the decision taken by respondent no.1, it will be open for the petitioner to take legal recourse as permissible under law. The present petition alongwith pending applications is disposed of in the above terms.

REKHA PALLI, J MAY 09, 2018 sr