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17. In Writ Petition No. 7730 of 1998 the petitioner-hospital challenges the validity of an order dated 29th of October, 1997, rejecting its applications for the grant of "Exemption Certificates" in respect of equipment indicated in the annexure to the said order. Similarly, Writ Petition No. 28589 of 1998 calls in question an order of rejection dated 2nd of June, 1998, issued against the petitioner-hospital following order dated 29th of October, 1997 challenged in W.P. No. 7730 of 1998. Writ Petition No. 29130 of 1998 filed by this hospital assails the validity of order dated 25th of August, 1998, issued by the Deputy Director General of Health Services, cancelling the CDECs issued in its favour for the equipment referred to in the annexure thereto. It would thus appear that the petitioners' entitlement for the grant of the exemption certificates has been determined by order dated 29th of October, 1997 issued by the Directorate General of Health Services, which order has been made a basis for rejection of the other applications as also for recall of the CDECs granted earlier. The enforcement of the Bond and proceedings for the recovery of the Customs Duty payable on the import of the equipment which forms the subject-matter of Writ Petition Nos. 28186 and 28187 of 1996 would depend upon whether the petitioner is entitled to the issue of the certificates for it was not disputed that if the certificates are declined the respondents would be entitled to enforce the Bond and recover the duty assessed against the petitioner.

Kasturba Medical College, Mangalore

30. Writ Petition No. 7731 of 1998 filed by this college challenges the validity of an order dated 13th of October, 1997 issued by the Director General of Health Services, whereby the petitioner was held disentitled to the issue of the CDECs in respect of the equipments mentioned in the annexure to the order. In Writ Petition No. 29115 of 1998, the petitioner has called in question the validity of an order dated 20th of August, 1998, whereby CDECs issued in its favour and detailed in the annexure accompanying the order have been withdrawn on the ground that the petitioner was not eligible for the same.

31. There is no material difference either in the background in which the writ petitions have been filed or the ground on which the CDECs have been refused by the respondents. The request for the grant of exemption certificates was considered and turned down by the CDECs committee in its meeting held on 22nd of July, 1997. The matter was examined further in the committees meeting held on 21st of August, 1997, in which the committee reiterated its earlier view. The rejection order issued on 13th of October, 1997 inter alia points out that the college was not providing free treatment to 40% of the OPD patients. The order further states that the information provided does not state whether the free treatment given by the hospital was to patients with a family income of Jess than Rs. 500/- per month.

KIMS Hospital and Research Centre, Bangalore

35. This hospital has in Writ Petition No. 3010 of 1998 assailed the validity of order dated 12th of December, 1997 issued by the Directorate General of Health Services refusing to issue the installation certificates and revoking the CDECs already granted in its favour on the ground that the hospital does not satisfy the requirements of the exemption notification. A demand notice issued by the Assistant Commissioner of Customs asking the hospital to pay a sum of Rs. 86,15,252.44 towards customs duty payable on the medical equipment imported by it has also been challenged besides an order dated 22nd of January, 1998 issued by the Superintendent of Customs, Bangalore detaining the equipment in question for non-payment of the amount mentioned above. In Writ Petition No. 14643 of 1998 this hospital has challenged the order made by the Assistant Commissioner of Customs, Chennai confirming a demand of Rs. 14,53,564/- under Section 28(2) of the Customs Act, 1962 consequent upon the petitioner's failure to produce an installation certificate and the revocation of the CDECs granted in its favour.