M.Y.EQBAL, ARUN MISHRA
DM Wayanad Institute of Medical Sciences – Appellant
Versus
Union of India – Respondent
Judgment
M.Y. Eqbal, J.
Knocking the doors of this Court in the first instance under the garb of a petition under Article 32 of the Constitution, instead of approaching the High Court, for the enforcement of right claimed in these writ petitions is the preliminary question we are deciding herein.
2. In these two writ petitions, the petitioners have invoked the jurisdiction of this Court under Article 32 of the Constitution of India challenging the refusal of the Medical Council of India (MCI) to recommend the renewal of permission for admitting students for the academic year 2015-16 in the MBBS Course of the petitioner institutes and the consequent refusal of the Union Government to renew such permission.
W.P. (Civil) No. 441 of 2015:
3. The petitioner institute was said to have been granted permission for admitting 150 students in the MBBS course for the academic year 2013-14 and permission was renewed for the academic year 2014-15. The petitioner applied for renewal of permission for the academic year 2015-16 pursuant to which the assessors from the MCI conducted an inspection on 12th and 13th December, 2014 and submitted a report dated 15.12.2014 in which no deficiencies were alleged
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