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12. Audiometry (Soundproof & Air-conditioned) is not available. There was no Audiometer.
13. Other deficiencies as pointed out in the assessment report.”
10. The Executive Committee took into consideration the report of the assessors and letter dated 29th December, 2016 of the Principal, Kerala Medical College, Palakkad regarding promotion of Dr. Munir U.A. from Assistant Professor to Associate Professor in the department of Pediatrics and the clinical material and leave of the faculty and resident doctors during MCI assessment. Regard being had to the deficiencies, the MCI recommended to the Central Government not to grant Letter of Permission.
not available. Crash Cart is not available vi. O.T. : Preoperative beds are not available vii. ICUs : There was only 1 patient in ICCU, SICU on day of assessment.
viii. Only 1 out of 2 Static X-ray machines has AERB approval.
ix. Blood Bank: Only 2 units were dispensed on day of assessment.
x. ETO Sterilizer is not available. xi. OPD : Separate Registration counters for OPD/IPD are not available.
xii. Audiometry (Soundproof & Air-conditioned) is not available. There was no Audiometer.
(xi) OPD:- The College has explained the grounds.15
(xii) Audiometry:- The College explanation is acceptable on the basis of photos attached.
LOP confirmed.”
14. After so noting, the Central Government referred to its earlier order dated 31st May, 2017 and the order dated 2nd August, 2017, passed by the High Court of Kerala at Ernakulam and held thus:-
“Now, in compliance with the above direction of Hon’ble High Court dated 2.8.2017, the Ministry granted hearing to the college on 8.8.2017. The Hearing Committee after considering the record and oral & written submission of the college submitted its report to the Ministry. Findings of Hearing Committee are as under:
The submission of the college regarding static x-ray machine, pre-operative beds, ETO sterilizer, audiometry, etc. may be accepted. However, the college seems deficient in bed occupancy.
In view of the Committee, the college is at LoP stage and the facilities have to be satisfactorily verified.16
The Committee agrees with the decision of the Ministry vide letter dated 31.05.2017 to debar the college for two years and also permit MCI to encash bank guarantee. Accepting the recommendations of Hearing Committee, the Ministry reiterates it earlier decision dated 31.5.2017 to debar the college from admitting students for a period of 2 years i.e., 2017-18 & 2018-19 and also authorize MCI to encash Bank Guarantee of Rs.2 crores.” The said order is the subject matter of assail in this Writ Petition.