JUDGMENT S. PANDA, J. 1. Petitioner No.1, namely, Kalinga Institute of Medical Sciences challenges the decision of the Board of Governors, Medical Council of India which was communicated to it on 30th June, 2012 regarding not to renew the permission for admission of 6th batch of 100 MBBS students for the academic year 2012-13 and for the next academic year 2013-14. 2. Learned counsel appearing for the petitioners submitted that Medical Council of India (in short, "the MCI") issued a show cause notice to petitioner no.1–institution on 23rd March, 2012, vide Annexure–5, on the basis of charge sheet filed by the CBI in the case No. RC 0152010S0019 dated 31.01.2012 regarding false information supplied by the petitioner no.1–institution for rectification of deficiencies pointed out in the inspection report for grant of renewal for permission of 4th batch in respect of academic session 2010-2011 annexing the charge sheet with the notice to show cause within a period of five days, failing which the Board of Governors in supersession of the Medical Council of India shall be at liberty to pass order as it may deem fit and proper. In pursuance of the said show cause notice, the petitioner no.1–institution gave reply within the stipulated period explaining the circumstances and clarifying the same. After receiving the said show cause, the Board of Governors, MCI observed as under:– "I. The reply is evasive, particularly in regard to the 7 Doctors having shown as your faculty members but are actually the employees of State Government against whom the CBI has already framed charges. II. The College has not furnished any explanation with regard to the specific allegation of CBI that the KIMS did not have any Doctor in their Dentistry Department but one Professor, one Assistant Professor and one Tutor of Kalinga Institute of Dental Services, which is a separate institution, were shown as faculty members of KIMS at the time of inspection for renewal of permission – with dishonest intention. III. Therefore, it is evident that the College has prima facie submitted fake/forged documents as mentioned at (1) and (2) above and hence action in accordance with law is required to be initiated against the College. Such action includes revocation of letter of permission granted, for a maximum period of two years." 3. III. Therefore, it is evident that the College has prima facie submitted fake/forged documents as mentioned at (1) and (2) above and hence action in accordance with law is required to be initiated against the College. Such action includes revocation of letter of permission granted, for a maximum period of two years." 3. Learned counsel for the petitioner further submitted that in the show cause notice, it was stated that the investigation team of CBI found that the copies of the driving licence, residents/nativity certificates are forged documents submitted to MCI and were never issued by the concerned authorities and on the basis of the charge sheet filed by the CBI the show cause notice was issued. The Board of Governors had taken the impugned decision under Section 8(3)(1)(d) of the Establishment of Medical College Regulations, 1999 without any independent inquiry made by itself presuming the petitioner–institution as guilty. The petitioner no.1-institution was accorded permission for admission of the 1st batch to 5th batch MBBS consecutively. The petitioner no.1–institution was inspected by the team of MCI for renewal of permission for admission to 1st batch to 5th batch 100 MBBS students after receiving a satisfactory inspection report with a note that there is no shortage of teaching faculty. Regulation (13) of the Department of Dentistry of the Minimum Standard Requirements for the Medical College for 100 MBBS Admissions annually Regulations, 1999 stipulates as follows:– "(13) DEPARTMENT OF DENTISTRY Staff Strength required 1. Professor 1 2. Assoc. Professor/Reader 1 3. Asst. Professor/Lecturer 1 4. Tutor/Registrar/Senior Residents 2* 5. Dental Technicians 4 6. Store keeper cum clerk 1 * As per the terms of Notification published on 4.11.2010 in the Gazette of India. Note: Where Dental College or Dental wings of Medical Colleges exist, the services of teachers of these may be utilized in the instruction of medical students in Dentistry and no separate staff in the Medical College shall be necessary." In view of the above note, the petitioner no.1–institution availed the services of the teachers of the Dental College without having a separate staff in the medical college of the said Department. However, the opposite parties have not accepted the said show cause filed by the petitioner no.1–institution and pointed out defect no.2, as stated above. However, the opposite parties have not accepted the said show cause filed by the petitioner no.1–institution and pointed out defect no.2, as stated above. Though the CBI has only filed charge sheet in the criminal proceeding which is still pending for a decision before the competent Court of law, the opposite parties have presumed the petitioner no.1–institution as guilty of criminal offence. He further submitted that the MCI inspected the petitioner's institution for renewal of permission of MBBS course to assess whether the institution has complied with all the criteria and is entitled to get renewal/continuation of recognition. In the said assessment report, at no point of time it was found that the petitioner-institution has any shortage of teaching faculty. For renewal of permission for admissions of students to the MBBS course for the academic year 2012-2013, the assessment was made by a team of the opposite parties on 15/16th March, 2012. They furnished a report on 16th March, 2012 that there is no shortage of teaching faculty. Therefore, the impugned decision taken by the opposite parties is liable to be quashed. 4. A counter affidavit has been filed by the opposite parties taking a stand that the decision of the Board of Governors is independent of criminal case and is based on independent assessment of the materials, allegations and documents. Therefore, pendency of criminal case is no ground to challenge the decision of the Board of Governors MCI. 5. Learned counsel for the opposite parties has also produced the copy of the Regulations of the Establishment of Medical College Regulations (Amendment) Act, 2010. Clause 8(3)(1)(d) being the relevant clauses, the same is extracted below:– "8(3)(1)The permission to establish a medical college and admit students may be granted initially, for a period of one year and may be renewed on yearly basis subject to verification of the achievements of annual targets. It shall be the responsibility of the person to apply to the Medical Council of India for purpose of renewal six months prior to the expiry of the initial permission. This process of renewal of permission will continue till such time the establishment of the medical college and expansion of the hospital facilities are completed and a formal recognition of the medical college is granted. Further admissions shall not be made at any stage unless the requirements of the Council are fulfilled. This process of renewal of permission will continue till such time the establishment of the medical college and expansion of the hospital facilities are completed and a formal recognition of the medical college is granted. Further admissions shall not be made at any stage unless the requirements of the Council are fulfilled. The Central Government may at any stage convey the deficiencies to the applicant and provide him an opportunity and time to rectify the deficiencies. (d) Colleges which are found to have employed teachers with faked/forged documents:– If it is observed that any institute is found to have employed a teacher with faked/forged documents and have submitted the Declaration Form of such a teacher, such an institute will not be considered for renewal of permission/recognition for award of M.B.B.S. degree processing the applications for postgraduate courses for two Academic Years – i.e. that Academic Year and the next Academic Year also. However, the office of the Council shall ensure that such inspections are not carried at least 3 days before upto 3 days after important religious and festivals holidays declared by the Central/State Govt." In view of the above Regulation, the decision was taken debarring the institution from taking admission of 100 MBBS students in two consecutive academic sessions. 6. However, it appears that not a single document has been filed by the apposite parties to show that they have independently assessed the materials, allegations and documents bereft of materials available in criminal case though the Regulation was in force with effect from 2010. In similar situations, the Board of Governors, MCI in their meeting dated 8.11.2011 took a decision in respect of supply of alleged forged/fake information/certificate in/with the declaration forms submitted to the MCI by Dr. Venkatesan J. Medical Teacher. As per Clause 8(3)(1)(d) a warning be issued to the management of the PES (PSI) Institute of Medical Sciences, Chinnautapalli and in future they should abide by the rules and regulations of the Council, failure of which will invite serious action. Venkatesan J. Medical Teacher. As per Clause 8(3)(1)(d) a warning be issued to the management of the PES (PSI) Institute of Medical Sciences, Chinnautapalli and in future they should abide by the rules and regulations of the Council, failure of which will invite serious action. However, the opposite parties have taken a contrary decision so far as the petitioner no.1–institution is concerned though the criminal case is pending and the petitioner no.1–institution has not yet found guilty but the opposite parties only on the basis of the charge sheet filed in the criminal case have taken the impugned order dated 30th June, 2012 refusing to renew the permission for admission of 6th batch in respect of 100 MBBS students for the academic years 2012-2013 and 2013-2014 which is illegal and needs to be quashed. 7. Accordingly, this Court allows the writ petition and quashes the decision of opposite party no.1 taken in the impugned order dated 30th June, 2012. No costs. Petition allowed.