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4. It would, thus, be seen that the letter of permission was denied to the petitioners on account of the following three (3) deficiencies:

i. In ENT section the audiometry room was not sound proof; ii. The bed occupancy was not 60 per cent at the time of submitting the application onwards.
iii. The quality of the clinical material in OPD and IPD as well as maintenance of case sheets required improvements.
No other ground was urged during the course of hearing.

5. Regulation B3.1(d) of the Minimum Requirements for 150 M.B.B.S. Admissions annually Regulations, 1999, requires the audiometry room in the ENT section to be sound proof. A perusal of the inspection report dated 23/24.8.2013 would show that though audiometry room was available, it was not sound proof/sound treated as per the requirements. Therefore, the petitioners are required to make the audiometry room in the ENT section sound proof as per the requirement of the MCI before their application for grant of letter of permission can be considered.

12. For the reasons stated hereinabove, I am of the considered view, that since at the time of inspection on 15.5.2013 the bed occupancy, computed on the basis of the patients who genuinely required admission comes to be less than 60 per cent and the audiometry room in the ENT section was not found to be sound proof as per the requirement of the MCI, the application of the petitioners was rightly rejected by the MCI for the year 2013-2014.

13. The next questions which arises for consideration is as to whether the petitioners should be asked to apply afresh for grant of letter of permission for the admission year 2014-2015 or the application which they had submitted for the admission year 2013-2014 can be considered as an application for the admission year 2014-2015. Though at the time of inspection on 15.5.2013, the bed occupancy computed on the basis of genuinely indoor patients was less than 60 per cent, the said occupancy at the time of inspection on 23/24.8.2013 was not stated to be less than 60 per cent. If the said occupancy had continued to be 60 per cent or more on and after 23/24.8.2013, the petitioners can on the strength of the inspection dated 23/24.8.2013, seek grant of Letter of Permission for the admission year 2014-2015. In the facts & circumstances of the case, no useful purpose, in my view, will be served by directing the petitioners to apply afresh for the admission year 2014-2015.