JUDGMENT : 1. By means of present writ petition, the petitioners seek following reliefs, among others: “(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 for conducting inspection of the petitioner college under the chairmanship of an Observer appointed by this Hon’ble Court and send its recommendation to the respondent no.1 before 15th May, 2016 and or in the alternate, issue a writ, order or direction in the nature of mandamus to appoint a Court Commission to assess the infrastructure and other facilities required for starting a Medical College and the report of which may be submitted to this Hon’ble Court for final decision by this Hon’ble Court regarding the grant of permission by the respondent no.1, on the basis of material already supplied by the petitioners to the respondent no.1 immediately or not later than one week as time is the essence in the case in hand and because of time schedule, respondents have been able to frustrate the right of the petitioner for last two sessions. (ii) Issue a writ, order or direction in the nature of certiorari quashing absolutely illegal and arbitrary recommendation of the respondent no.2 of disapproval of scheme for establishment of medical college by the petitioner, communicated to the respondent no.1 vide letter dated 01.03.2016. (iii) Issue suitable writ, order or direction in the nature of certiorari quashing absolutely illegal and arbitrary recommendation of the respondent no.2 of disapproval of scheme for establishment of medical college by the petitioner, communicated to the respondent no.1 vide order / recommendation dated 15.05.2016. (iv) Issue writ, order or direction in the nature of certiorari quashing absolutely illegal and arbitrary order dated 08.06.2016 passed by respondent no.2 accepting the recommendation of the respondent no.2 of disapproval of scheme for establishment of medical college by the petitioner communicated to the respondent no.1 vide order/recommendation dated 15.05.2016.” 2. After arguing the writ petition at some length, learned counsel for the petitioners confined his prayer only to the extent that the matter be referred to the Oversight Committee, which was been constituted for the purpose by an Order no. v.11025/21/2016-MEP dated 16.05.2016 issued by the Government of India, Ministry of Health & Family Welfare. After arguing the writ petition at some length, learned counsel for the petitioners confined his prayer only to the extent that the matter be referred to the Oversight Committee, which was been constituted for the purpose by an Order no. v.11025/21/2016-MEP dated 16.05.2016 issued by the Government of India, Ministry of Health & Family Welfare. It will be worthwhile to reproduce the said order as follows: “No. V. 11025/21/2016-MEP Government of India Ministry of Health & Family Welfare Dated 16th May, 2016 Nirman Bhawan, New Delhi ORDER In pursuance of the directions of Hon’ble Supreme Court of India passed on 02.05.2016 in Civil Appeal No.4060 of 2009 titled Modern Dental College and Research Centre & Ors. versus State of Madhya Pradesh & Ors, the Central Government hereby constitutes an Oversight Committee to oversee the functioning of Medical Council of India and all other matters considered by the Department-related Parliamentary Standing Committee on Health & Family Welfare. The Oversight Committee shall consist of the following members: (i). Justice R.M. Lodha, former Chief Justice of India. (ii). Prof. (Dr.) Shiv Sareen, Director, Institute of Liver and Billiary Sciences, New Delhi (iii). Shri Vinod Rai, former Comptroller & Auditor General of India 2. As per the Hon’ble Supreme Court’s order, the Oversight Committee shall have the following mandate: (a) the said Oversight Committee will have the authority to oversee all statutory functions under the IMC Act. (b) all policy decisions of the MCI will require approval of the Oversight Committee. (c) the Oversight Committee will be free to issue appropriate remedial directions. (d) the Oversight Committee will function till the Central Government puts in place any other appropriate mechanism after due consideration of late Prof. Ranjit Roy Chaudhury (GoE) Report. (e) initially, the Oversight Committee will function for a period of one year, unless a suitable mechanism is brought in place earlier which will substitute the said Oversight Committee. 3. Remunerations etc. of the Members of the Oversight Committee shall be notified separately. 4. This issues with the approval of Union Minister for Health & Family Welfare. (Amit Biswas) Under Secretary to the Government of India Tele: 011-23061120 To, All Members of the Committee” 3. 3. Remunerations etc. of the Members of the Oversight Committee shall be notified separately. 4. This issues with the approval of Union Minister for Health & Family Welfare. (Amit Biswas) Under Secretary to the Government of India Tele: 011-23061120 To, All Members of the Committee” 3. Pursuant to above, a consequential order was passed by the Oversight Committee on 13.06.2016, which reads as under: “Office of the Supreme Court mandated Oversight Committee on MCI and matters arising out of the Report of Department Related Parliamentary Standing Committee, II Floor, Academic Block, National Institute of Health & Family Welfare, Munirka, New Delhi-110067 No. OC/MCI/UG proposals/June 2016 Dated 13 June 2016 To The President MCI, Divaraka, New Delhi. Madam, In view of the submission made by Secretary, Government of India, Ministry of Health & Family Welfare (MHFW) before OC today, inter alia, stating that (i) there were around 150 proposals u/s 10A of IMC Act that were not notified for approval in respect of Under Graduate Courses and 118 proposals for Super Speciality courses for 2016-17 and (ii) there were a number of cases where opportunity may not have been afforded to the applicant colleges for furnishing compliance to the deficiencies noticed in inspections, OC, has purely as a onetime measure and in exercise of powers conferred upon it vide paragraphs 105 of judgment dated 02 May 2016 of Hon’ble Supreme Court in Civil Appeal no.4060 of 2009 in Modern Dental College and Research Centre & Others vs. State of Madhya Pradesh & Others to issue remedial directions decided in its meeting of 13 June 2016, to permit all applicant colleges which have not been afforded an opportunity to present their compliance to deficiencies communicated by MCI in the inspection/verification reports for 2016-17, be given an opportunity to furnish their compliance reports, afresh, to MHFW before 22 June 2016 (Wednesday). MCI would cause to forward reports of such fresh assessment/ inspection of each applicant college to MHFW by 20 July 2016 (Wednesday). MHFW would, thereafter, forward its proposed decision in each case along with the applications and fresh assessment reports so obtained to OC, latest by 25 July, 2016 for consideration. This decision of OC may be immediately displayed on the website of MHFW and MCI for wide dissemination amongst all concerned stakeholders. This issues with the approval of OC. Receipt may place be acknowledged.” 4. This decision of OC may be immediately displayed on the website of MHFW and MCI for wide dissemination amongst all concerned stakeholders. This issues with the approval of OC. Receipt may place be acknowledged.” 4. Learned counsel for the petitioners submits that the petitioners have submitted their representation/fresh compliance on 21.06.2016 before the Ministry of Health & Family Welfare pursuant to the Oversight Committee’s order dated 13.06.2016. It is prayed by learned counsel for the petitioners that the Oversight Committee be requested to take a decision on the petitioners’ case without being influenced by the recommendation dated 15.05.2016 of the Medical Council of India (MCI) and order dated 08.06.2016 passed by the Central Government in respect of the petitioners. 5. The innocuous prayer made by learned counsel for the petitioners is allowed. The matter is, therefore, referred to the Oversight Committee, who is requested to take a decision in the matter without being influenced by any observation made in the order dated 15.05.2016 passed by the MCI and the order dated 08.06.2016 passed by the Central Government. 6. The writ petition is disposed of with the observations made above.