ORDER

M.Y. Eqbal, J.:

We have heard Dr. Rajeev Dhawan, learned senior counsel appearing for the petitioner and Mr. Vikas Singh, learned senior counsel appearing for respondent no.1 – Medical Council of India (MCI).

2. The challenge in this special leave petition is the impugned judgment passed by the Delhi High Court allowing the writ appeal filed by the respondent MCI whereby the Division Bench of the High Court set aside the judgment passed by the learned Single Judge in the writ petition.

3. The dispute arose only when the proposal of the petitioner for establishment of new medical college for the academic year 2015-16 was returned on the ground that the same was not submitted before the cut-off date i.e. 31.8.2014.

4. Indisputably, the petitioner as far back as on 25.8.2014 submitted application as required under Section 10A of the Indian Medical Council Act, 1956 for the establishment of the Institute. The Essentiality Certificate was issued by the State of Tamil Nadu only on 28.8.2014. The said communication was received by the petitioner only in the 1st week of September, 2014. Similarly, the Tamil Nadu MGR University granted Consent of Affiliation for starting of MBBS Degree