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2018 Supreme(SC) 402

DIPAK MISRA, A. K. SIKRI, A. M. KHANWILKAR, D. Y. CHANDRACHUD, ASHOK BHUSHAN
TAMIL NADU MEDICAL OFFICERS ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent


ORDER :

Dr. D.Y. CHANDRACHUD, J

1. The judgment rendered by a three judge Bench in State of Uttar Pradesh v Dinesh Singh Chauhan, (2016) 9 SCC 749, construed the provisions of Regulations 9(IV) and 9(VII) of the Medical Council of India Post-Graduate Medical Education Regulations 2000, as amended on 15 February 2012. In the present batch of cases, a Bench of three Judges opined, by an order dated 13 April 2018, that these petitions require consideration by a larger Bench.

2. In making this reference, the referring order primarily indicated the following reasons :

(i) The decision in Dinesh Singh Chauhan has not considered the entries in the legislative lists of the Seventh Schedule, more particularly Entry 66 of the Union List and Entry 25 of the Concurrent List;

(ii) The main contention of the petitioners is that while coordination and determination of standards in institutions for higher education falls within the exclusive domain of the Union (Entry 66 List I), medical education is a subject in the Concurrent List (Entry 25 List III). Though, Entry 25 of List III is subject to Entry 66 of List I, the State is not denuded of its power to legislate on the manner and method of making ad




























































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