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2015 Supreme(SC) 864

M.Y.EQBAL, C.NAGAPPAN
Poonaiyah Ramajayam Institute Of Science And Technology Trust – Appellant
Versus
Medical Council Of India – Respondent


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. Aggrieved by the judgment and order dated 5th May, 2015 passed by the Division Bench of the Delhi High Court in L.P.A. No. 234 of 2015, the petitioner filed this special leave petition.

3. By the impugned judgment, the Division Bench allowed the appeal filed by the respondent-Medical Council of India and set aside the judgment passed by the learned Single Judge in the Writ Petition.

4. Indisputably, the petitioner submitted application, as required under Section 10A of the Medical Council of India Act, 1956 (hereinafter referred to as 'the Act') for establishment of new medical college for the academic year 2015-2016. The Essentiality Certificate and the consent of affiliation were admittedly not annexed along with the application filed under Section 10A of the said Act. According to the petitioner, the Essentiality Certificate was issued on 28.8.2014 and the consent of affiliation was communicated on 30.8.2014. After about 10 days i.e. 10.9.2014, the petitioner submi







































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