ASHISH RANJAN vs UNION OF INDIA - 2016 Supreme(SC) 1172

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2016 Supreme(SC) 1172

SUPREME COURT OF INDIA
Dipak Misra, N.V. Ramana, JJ.
ASHISH RANJAN & ORS. – Appellant
Vs.
UNION OF INDIA & ORS. – Respondent
I.A. No. 7 and 8 in Writ Petition (Civil) No. 76 of 2015 with Writ Petition Nos. 314 and 328 of 2015
Decided on : 18-01-2016

Advocates Appeared:
Prashant R. Dahat, Puneet Yadav, Akarsh Kamra, Venkateswara Rao Anumolu, AOR, Prashant R. Dahat, Parthiban M.P, Akarsh Kamra, Puneet yadav, Advocates and T.R.B. Sivakumar, AOR, for the Appellant; Anip Sachthey, AOR AP, Mr. Guntur Prabhakar, AOR, Ms. Prerna Singh, Gujarat Ms. Hemantika Wahi, AOR, Ms. Vinakshi Kadan, West Bengal Mr. Soumitra G. Chaudhuri, Mr. Parijat Sinha, Chandigarh Mr. Sangram S. Saron, Mr. Shree Pal Singh, AOR, Mr. M.T. George, AOR, Mrs. Kirti Renu Mishra, AOR Ms. Pinky Anand, Mr. S.S. Rawat, Mr. Ajay Sharma, Ms. Rekha Pandey, Mr. R.S. Nagar, Mr. D.S. Mahra, Ms. Sunita Sharma, AOR, Mr. S. Udaya Kumar Sagar, AOR, Mr. Krishna Kumar Singh, Mr. V.N. Raghupathy, AOR Assam, Ms. Apeksha Sharan, For M/s Corporate Law Group, AOR, Mr. Rajesh Srivastava, AOR, Chhattisgarh Mr. C.D. Singh, Mr. A.P. Mayee, AOR, Mr. Udit Arora, Mr. A. Selvin Raja, U.P. Mr. Irshad Ahmad, AAG Mr. Som Raj Choudhary, Mr. Abhisth Kumar, AOR, Mr. Manu Yadav, Odisha Mr. Pawan Upadhyay, Mr. Sarvjit Pratap Singh, Ms. Sharmila Upadhyay, AOR, Mr. Vikas Mehta, AOR, Ms. Nidhi Gupta, Dr. Monika Gusain, AOR Mr. R.K. Gupta, Mr. M.K. Singh, Mr. B.P. Gupta, Mr. A.K. Singh, Mr. Shekhar Kumar, AOR, H.P. Mr. Suryanarayana Singh, Sr. AAG, Ms. Pragati Neekhra, AOR, Mr. Sudarshan Rajan, AOR, Ms. Shriya Chauhan, Mr. Rajeev Khurana, Mr. S.S. Shamshery, AAG, Mr. Amit Sharma, Mr. Yishu Prayash, Ms. S. Spandana Reddy, Mr. Milind Kumar, Ms. Ruchi Kohli, Jharkhand Mr. Ajit Kumar Sinha, Sr. Mr. Tapesh Kumar Singh, AOR, Mr. Mohd. Waquas, Mr. Aditya N. Das, Mr. Shashank Singh, Goa Mr. Siddharth Bhatnagar, Mr. Sidharth Mohan, Ms. Garima Tiwari, Mr. Nirnimesh Dube, AOR, Maharashtra Mr. Sachin Patil, Mr. Nishant Katneshwarkar, Mr. B. Balaji, AOR, Mr. Sudhanshu, MCI Mr. Gaurav Sharma, AOR, Mr. Prateek Bhatia, Mr. Dhawal M, Mr. Mukul Gupta, Sr. Mr. Kaushik Poddar, AOR, Mr. Rakesh Gosain, Ms. Suvarna Kashyap, Mr. Tushar Gupta, Mr. Rudreshwar Singh, Mr. Gopal Singh, AOR, Ms. Vimla Singh, Mr. S.N. Bhat, AOR, Ms. Vaijayanthi Girish, Punjab Mr. Kuldip Singh, Mr. M.S. Bakshi, Ms. Kirti Kumar, Mr. S. Udaya Kumar Sagar, Ms. Bina Madhavan, and Swati Vellodi, Advocates, for the Respondent

Headnote:Medical education – Time schedule for applications for establishment of new medical colleges and admissions to various courses – As provided in Establishment of Medical College Regulations, 1999 and 'Establishment of Medical College Regulations, (Amendment), 2015'– Approved. (Para 4)

ORDER

1. Applications for impleadment are allowed.

2. Heard learned counsel for the petitioner, Mrs. Pinky Anand, learned additional solicitor general for the Union of India and Mr. Gaurav Sharma for the Medical Council of India.

3. Mr. Gaurav Sharma, has filed the notifications issued by the Medical Council of India with the previous sanction of the Central Government. The said Notification reads as under :

"In exercise of the powers conferred by Section 10(A) read with Section 33 of the Indian medical Council Act, 1956 (102 of 1956), the Medical Council of India wit the previous sanction of the Central Government hereby makes the following Regulations to further amend the "Establishment of Medical College Regulations, 1999" namely:-
(i) These Regulations may be called the 'Establishment of Medical College Regulations, (Amendment), 2015'.
(ii) They shall come into force from the date of their publication in the Official Gazette.
2. In the 'Establishment of Medical College Regulations, 1999', in Schedule For Receipt Of Applications For Establishment Of New Medical Colleges And Processing Of The Applications By The Central Government And The Medical Council Of India' the following shall substituted as under:-
TIME SCHEDULE FOR RECEIPT OF APPLICATIONS FOR ESTABLISHMENT OF NEW MEDICAL COLLEGES/RENEWAL OF PERMISSION AND PROCESSING OF THE APPLICATIONS BY THE CENTRAL GOVERNMENT AND THE MEDICAL COUNCIL OF INDIA

S. No.

Stage of processing

Last Date

1.

Receipt of applications by the Central Government

Between 15th June to 7th July (both days inclusive) of any year

2.

Forwarding application by the Central Government to Medical Council of India.

By 15th July

3.

Technical Scrutiny, assessment and Recommendations for Letter of Permission by the Medical Council of India.

By 15th December

4.

Receipt of reply/ compliance from the applicant by the Central Government and for personal hearing thereto, if any, and forwarding of compliance by the Central Government to the Medical Council of India.

Two months from receipt of recommendation from MCI but not beyond 31st January.

5.

Final recommendations for the Letter of Permission by the Medical Council of India.

By 30th April

6.

Issue of Letter of Permission by the Central Government.

By 31st May

Note 1. In case of renewal of permission, the applicants shall submit the application to the Medical Council of India by 15th July.
xxx xxx xxx
In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102) of 1956, the Medical Council of India with the previous sanction of the Central Government, hereby makes the following Regulations to further amend the "Opening of a New or Higher Course of Study or Training (including Postgraduate Course of Study or Training) and increase of Admission Capacity in any Course of Study or Training (Including a Postgraduate Course of Study or Training) Regulations 2000", namely:-
1(i) These Regulations may be called the "Opening of a New or Higher Course of Study or Training (Including Postgraduate Course of Study or Training) and increase of Admission Capacity in any Course of Study or Training (including Postgraduate Course of Study or Training (Amendment) Regulations 2015'.
(ii) They shall come into force from the date of their publication in the Official Gazette.
2. In Part II - Scheme For Permission Of The Central Government To Increase The Admission Capacity In Any Course Of Study Or Training (Including Post Graduate Course Of Study Or Training) In The Existing Medical Colleges/institutions" of the 'Opening of a New or Higher Course of Study or Training (Including Postgraduate Course of Study or Training) and increase of Admission Capacity in any Course of Study or Training (Including a Postgraduate Course of Study or Trainin

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S. No.	Stage of processing	Last Date
1.	Receipt of applications by the Central Government	Between 15th June to 7th July (both days inclusive) of any year
2.	Forwarding application by the Central Government to Medical Council of India.	By 15th July
3.	Technical Scrutiny, assessment and Recommendations for Letter of Permission by the Medical Council of India.	By 15th December
4.	Receipt of reply/ compliance from the applicant by the Central Government and for personal hearing thereto, if any, and forwarding of compliance by the Central Government to the Medical Council of India.	Two months from receipt of recommendation from MCI but not beyond 31st January.
5.	Final recommendations for the Letter of Permission by the Medical Council of India.	By 30th April
6.	Issue of Letter of Permission by the Central Government.	By 31st May

2016 Supreme(SC) 1172

SUPREME COURT OF INDIADipak Misra, N.V. Ramana, JJ. ASHISH RANJAN & ORS. – AppellantVs. UNION OF INDIA & ORS. – RespondentI.A. No. 7 and 8 in Writ Petition (Civil) No. 76 of 2015 with Writ Petition Nos. 314 and 328 of 2015Decided on : 18-01-2016

Headnote:Medical education – Time schedule for applications for establishment of new medical colleges and admissions to various courses – As provided in Establishment of Medical College Regulations, 1999 and 'Establishment of Medical College Regulations, (Amendment), 2015'– Approved. (Para 4)

SUPREME COURT OF INDIA
Dipak Misra, N.V. Ramana, JJ.
ASHISH RANJAN & ORS. – Appellant
Vs.
UNION OF INDIA & ORS. – Respondent
I.A. No. 7 and 8 in Writ Petition (Civil) No. 76 of 2015 with Writ Petition Nos. 314 and 328 of 2015
Decided on : 18-01-2016