DIPAK MISRA, A.M.KHANWILKAR, MOHAN M.SHANTANAGOUDAR
Maharishi Markandeshwar Medical College and Hospital – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
A.M. Khanwilkar, J.
1. This appeal emanates from the judgment of the High Court of Himachal Pradesh at Shimla dated 20.12.2016, passed in CWP No.4773 of 2015. The High Court dismissed the writ petition filed by the Appellants challenging the validity of Sections 3(6), 3(6a) and 3(6b) of the Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 (for short “2006 Act”) as amended vide amendment Act No.24 of 2015. The High Court also rejected the prayer of the Appellants to issue directions to the concerned authorities that the Appellant No.1 (college and hospital) or any other institution of medical stream to be started by the Appellants be governed only by The Maharishi Markandeshwar University (Establishment and Regulation) Act, 2010 (for short “2010 Act”).
2. Briefly stated, Appellant No.1 is an unaided private medical college established by the Appellant No.3 -University Trust as a constituent of the Appellant No.2 -University. The Appellant No.2 University has been established under the 2010 Act. Before the said Act was enacted, the sponsoring body of the Appellant No.3 University Trust had submitted a project re
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