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2017 Supreme(SC) 786

DIPAK MISRA, AMITAVA ROY, A. M. KHANWILKAR
Jagat Narain Subharti Charitable Trust – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:- Vivek Singh, Adv.
For the Respondents:- Gaurav Sharma, Adv.

JUDGMENT

A.M. Khanwilkar, J.

The petitioner No.1 Dr. Jagat Narain Subharti Charitable Trust, Dehradun, made an application to the Ministry of Health & Family Welfare, Government of India for establishment of a new medical college at Dehradun in the name and style `Shridev Suman Subharti Medical College & Hospital, Dehradun' from the academic session 2016-17 onwards. That application was forwarded to Medical Council of India (for short "MCI") for evaluation and making recommendations to the Ministry under Section 10A of the Indian Medical Council Act, 1956 (for short "1956 Act"). The Executive Committee of MCI considered the proposal pertaining to the aforementioned new medical college in its meeting convened on 27.02.2016. It was noted that the land on which the new college was proposed to be made was not entered in the name of Dr. Jagat Narain Subharti Charitable Trust. Several litigations were pending regarding the title and ownership of the said land. As a result, the Executive Committee of MCI opined that the Trust had failed to fulfill the qualifying criteria regarding the l
















































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