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2017 Supreme(SC) 964

DIPAK MISRA, AMITAVA ROY, A. M. KHANWILKAR
Ponnaiyah Ramajayam Institute of Medical Sciences – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:- G. Umapathy, Rakesh K. Sharma, ALeo G. Rozario, Aditya Singh, Advs.

JUDGMENT

Amitava Roy, J.

The instant adjudication witnesses a relentless pursuit of the petitioner to secure the letter of permission (for short, hereafter referred to as "LOP") for the establishment of its new medical college in the name & style of "Ponnaiyah Ramajayam Institute of Medical Sciences and Technology" at Manamai-Nallur, Tamil Nadu with an annual intake of 150 MBBS students for the academic year 2016-17 and further renewal of such LOP for the next academic year 2017-18.

2. As the facts would unfold hereinafter, conditional permission was granted for such establishment for the academic year 2016-17, but eventually on the detection of lingering deficiencies in its infrastructure and clinical materials, it was, by order dated 9.6.2017 of the Government of India, Ministry of Health and Family Welfare, debarred from admitting students for the next two academic years 2017-18 and 2018-19 and the Medical Council of India, (for short hereinafter referred to as "MCI") was authorised to encash the bank guarantee of Rs. 2 crores submitted by it in terms of the stipulations, subject to





































































































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