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2017 Supreme(SC) 933

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
MADHA MEDICAL COLLEGE AND RESEARCH INSTT. THR. ITS MANAGING DIRECTOR – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

Dr D.Y. CHANDRACHUD, J

By an order dated 31 May 2017, the Union government has debarred the petitioner from admitting 150 students for the MBBS course during academic years 2017-18 and 2018-19. Besides challenging the order of debarment, the petitioner seeks a mandamus for the grant of recognition under Section 11 of the Indian Medical Council Act, 1956 (‘IMC Act’ ). In consequence, the petitioner also seeks a direction to permit it to participate in the process of counselling for admission to the MBBS degree programme for the ensuing academic year. Since a bank guarantee of Rs 2 crores furnished by the petitioner is to be invoked in pursuance of the impugned decision, relief against encashment of the guarantee has been sought.

2. The petitioner was granted recognition in 2011-12 to conduct the MBBS degree course with an intake of 150 students. The petitioner college is affiliated to Dr M G R Medical University. The petitioner was granted renewal of permission to admit fresh batches of MBBS students during the academic years 2012-13 and 2013-14. The petitioner has not admitted students during 2014-15 and 2015-16.

For the purpose of admitting students in 2016-17, assessment












































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