W.P.(C) No.411/2017

1. Let the matter be listed after three weeks.

2. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.

W.P.(C) No.438/2017

3. Heard Mr. Mukul Rohatgi, learned senior counsel for the petitioner, Mr. Maninder Singh, learned Additional Solicitor General for the Union of India and Mr. Vikash Singh, learned senior counsel for the Medical Council of India.

4. Hearing concluded.

5. Judgment reserved.

6. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.

W.P.(C) No.437/2017 & W.P.(C) No.441/2017

7. Mr. Maninder Singh, learned Additional Solicitor General shall file an affidavit/reply within two weeks hence. Needless to say, the Medical Council of India is at liberty to file the reply.

8. List the matter after two weeks.

9. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.

WP(C) 411/17 W.P.(C) No.432/2017

10. Issue notice.

11. As Mr. Maninder Singh, learned Additional Solicitor General and Mr. Vikas Singh, learned senior counsel has entered appearance on behalf of the respondents, no further notice need be issued.

12. List the matter along with Writ Petition (C) No.450 of 2017.

13. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.

W.P.(C) No.430/2017 & W.P.(C) No.436/2017

14. Learned counsel appearing for the petitioners submits that the Central Government has passed an order dated 10th August, 2017, in favour of the petitioner-Institution.

15. In view of the aforesaid, nothing survives to be adjudicated in these writ petitions. The same are, accordingly, disposed of.

Writ Petition (C) No.442/2017

16. Mr. Amit Kumar, learned counsel appearing for the petitioners seeks leave of this Court to withdraw the writ petition to approach the High Court. The writ petition is permitted to be withdrawn.

W.P.(C) No.450/2017

17. In the course of hearing, Mr. Mukul Rohatgi, learned senior counsel appearing for the petitioner has submitted that the deficiencies that has been pointed out in the case of the petitioner-Institution is absolutely marginal and there was no justification not to accept the shifting of patients to Oncology department because of short circuit. Additionally, he has drawn our attention to the decision dated 31st May, 2017 of the Central Government in respect of Mayo Institute of Medical Sciences, Barabanki. He has also drawn our attention to the letter dated 7th July, 2017, which has been written by the Medical Council of India to the Secretary to the Government of India, Ministry of Health & Family Welfare. It is propounded by him that there has been deficit with regard to the occupancy and many other defects. The said institution had been extended the benefit of permission. It is also urged that similar benefit has been given to thirty other institutions.

18. Mr. Maninder Singh, learned Additional Solicitor General for the Union of India shall file an affidavit of the Secretary, Ministry of Health and Family Welfare, Government of India, within two weeks hence, stating as to how the Letter of Permission was granted, so that the basis on which the said benefit was extended to the said Institutions, shall also be extended to the petitioner-Institution herein.

19. List the matter after two weeks.

20. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.

W.P.(C) No.448/2017

21. Heard Mr. P.S. Patwalia, learned senior counsel for the petitioner, Mr. Maninder Singh, learned Additional Solicitor General for the Union of India and Mr. Vikash Singh, learned senior counsel for the Medical Council of India.

22. Hearing concluded.

23. Judgment reserved.

24. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.

W.P.(C) No.468/2017

25. Heard Dr. Rajeev Dhawan, learned senior counsel for the petitioner, Mr. Maninder Singh, learned Additional Solicitor General for the Union of India and Mr. Vikash Singh, learned senior counsel for the Medical Council of India.

26. Hearing concluded.

27. Judgment reserved.

28. In the meantime, the bank guarantee shall not be encashed. However, the same shall be kept alive.

Writ Petition (C) No.477/2017

29. Heard Mr. R. Basant, learned senior counsel for the petitioner.

30. Having heard learned counsel for the petitioner, we do not perceive any merit in this writ petition and the same is, accordingly, dismissed.

Writ Petition (C) No.511/2017

31. Learned counsel for the petitioner submits that the Central Government has already granted the permission to the petitioner-Institution.

WP(C) 411/17

32. In view of the aforesaid, nothing remains to be adjudicated in this writ petition. The writ petition is, accordingly, disposed of. There shall be no order as to costs.

33. The bank guarantee submitted to the Medical Council of India, if not enchased, shall be returned to the petitioner and in case it has been encashed, a bank draft of the same amount shall be refunded within two weeks hence.

Writ Petition (C) Nos.445/2017, 496/2017, 514/2017, 515/2017, 525/2017 & 533/2017 Let these matters be listed on 28th August, 2017.