ORDER 1. With consent, heard finally. 2. By filing this petition under Article 226 of the Constitution of India, the petitioner – an unaided private medical institution has challenged the order dated 10.6.2014 (Annexure P/19) passed by the Medical Council of India (MCI) refusing to renew the permission for increase of intake capacity of third batch from 100 to 150 students of MBBS Course for the academic session 2014-15, as also the order dated 15.7.2014 (Annexure P/22) passed by the Central Government disapproving the petitioner’s scheme for renewal of permission of third batch of 100 to 150 students of MBBS Course for the said academic session 2014-15. 3. According to the petitioner, the impugned orders have been passed by the respondents in violation of the provisions contained in section 10A (3) and (4) of the Indian Medical Council Act, 1956 (for short, the Act of 1956). 4. Having gone through the impugned orders and the pleadings raised by the parties, it is revealed that for consideration of the petitioner’s scheme for renewal of permission for admission of increased intake capacity from 100 to 150 students of MBBS Course, the MCI had carried out inspection of the petitioner’s institution on 4th and 5th April, 2014. Aggrieved by the process of inspection, the petitioner had submitted a representation on 5th April, 2014 (Annexure P/18) to the MCI. However, on the basis of the inspection report dated 10.6.2014, the MCI communicated its decision of refusal of renewal pointing out various deficiencies. On receipt of the communication dated 10.6.2014, the petitioner sent a letter dated 19.6.2014 (Annexure P/20) to the MCI informing the compliance/rectification of the deficiencies. Thereafter, on 15.7.2014, the Central Government informed the decision of disapproval of the scheme to the petitioner by observing thus : - “With reference to MCI’s letter No.37(1)(RI-51) (UG)/2013-Med./113853 dated 10.6.14 with respect of your Scheme for renewal of permission of 3rd batch of 100 to 150 students of MBBS course for the academic session 2014-15, the Medical Council of India has recommended to disapprove the scheme submitted by you. The recommendation of the MCI was conveyed to you with request to submit compliance report. The compliance report was referred to MCI with request to review their earlier recommendation. MCI vide their letter reference No.34(41)(General)/2014-15-Med./119236 dated 10.7.14 expressed their inability to reassess/verify the compliance report and to furnish any revised recommendation. 2. The recommendation of the MCI was conveyed to you with request to submit compliance report. The compliance report was referred to MCI with request to review their earlier recommendation. MCI vide their letter reference No.34(41)(General)/2014-15-Med./119236 dated 10.7.14 expressed their inability to reassess/verify the compliance report and to furnish any revised recommendation. 2. In view of the above, I am directed to convey the decision taken to ‘DISAPPROVE’ your scheme of renewal of permission of 3rd batch of 100 to 150 students of MBBS Course for the academic session 2014-15. However, this disapproval of the scheme for 2014-15 shall not prevent the college from submitting a fresh scheme for subsequent academic year. 3. This issues with the approval of Hon’ble Minister for Health and Family Welfare.” Feeling aggrieved, the petitioner has filed this petition. 5. Heard learned counsel for the parties. 6. In order to appreciate the controversy involved in this petition, it is appropriate to extract the relevant provisions of the Act of 1956. Section10A (3) and (4) of the Act of 1956 reads thus : - “10A. Permission for establishment of new medical college, new course of study. - (1) Notwithstanding anything contained in this Act or any other law for the time being in force,- (a) no person shall establish a medical college; or (b) no medical college shall- (i) open a new or higher course of study or training (including a post-graduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognized medical qualification; or (ii) increase its admission capacity in any course of study or training (including a post-graduate course of study or training), except with the previous permission of the Central Government obtained in accordance with the provisions of this section. (2)(a) Every person or medical college shall, for the purpose of obtaining permission under sub-section (1), submit to the Central Government a scheme in accordance with the provisions of clause (b) and the Central Government shall refer the scheme to the Council for it recommendations. (b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with a such fee as may be prescribed. (b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with a such fee as may be prescribed. (3) On receipt of a scheme by the Council under sub-section (2), the Council may obtain such other particulars as may be considered necessary by it from the person or the medical college concerned, and thereafter, it may, - (a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or college concerned for making a written representation and it shall be open to such person or medical college to rectify the defects, if any, specified by the Council; (b) consider the scheme, having regard to the factors referred to in sub-section (7), and submit the scheme together with its recommendations thereon to the Central Government. (4) The Central Government- may, after considering the scheme and the recommendations of the Council under sub-section (3) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or college concerned, and having regard to the factors referred to in sub-section (7), either approve (with such conditions, if any, as it may consider necessary) or disapprove the scheme and any such approval shall be a permission under sub-section (1) : Provided that no scheme shall be disapproved by the Central Government except after giving the person or college concerned a reasonable opportunity of being heard: Provided further that nothing in this sub-section shall prevent any person or medical college whose scheme has not been approved by the Central Government to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme has been submitted for the first time under sub-section (2).” 7. Having gone through the aforesaid provision, it is clear that as per sub-clause (a) of section 10A (3) of the Act of 1956, MCI was required to give a reasonable opportunity to the petitioner to rectify the defects, by making a written representation and to rectify the defects specified by the MCI. Thereafter, the MCI was supposed to consider the scheme and submit the scheme together with its recommendations to the Central Government. Thereafter, the MCI was supposed to consider the scheme and submit the scheme together with its recommendations to the Central Government. As per sub-section (4) of section 10A and its first proviso, the Central Government is required to consider the scheme and the recommendations of the MCI and either approve with such conditions, if any, as it may consider necessary, or disapprove the scheme. However, no scheme shall be disapproved by the Central Government unless the person or college concerned is given reasonable opportunity of being heard. 8. In the present case, it is clear that neither the MCI nor the Central Government had given any opportunity of hearing to the petitioner. 9. In the circumstances, in our considered view, the impugned orders passed by the respondents cannot be sustained. The same are hereby quashed. However, with liberty to the Central Government to pass a fresh order after giving opportunity of being heard to the petitioner. MCI is also directed to consider the rectifications submitted by the petitioner along with its letter dated 19.6.2014 and submit its recommendations, in accordance with law, to the Central Government on or before 8.9.2014. The Competent Authority of the Central Government shall give an opportunity of hearing to the petitioner and then shall take appropriate decision regarding approval or disapproval, as the case may be, on or before 12.9.2014. The petitioner to appear before the Competent Authority of the Central Government on 9.9.2014. On that date, the matter shall be heard by the Competent Authority of the Central Government and decision, as aforesaid, be taken on or before 12.9.2014. 10. As regard the prayer made by the petitioner for grant of permission to the students to participate in the ongoing counselling, we are of the view that since we are issuing time bound directions to the respondents, the prayer made for in that regard is rejected.