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2002 Supreme(SC) 2176

SUPREME COURT OF INDIA
M.B. Shan, S.N. Variava, D.M. Dharmadhikari, JJ.
P.C. Kesavan Kuttynayar - Appellant
Versus
Harish Bhalla and ors. - Respondents
C.A. Nos. 599-600 of 2002 with C.A. No. 601-602/2002, C.A. No. 603-604/2002, C.A. No. 605-606/2002, T.P. (C) No. 469/2001, T.P. (C) No. 470-471/2001, I.A. Nos. 1-2 in & SLP (C) No..CC Nos. 5354-5356/2002
Decided On : 30-10-2002

Advocate Appeared:
For the Appellant :Mr. Rajiv Dhawan, Sr. Adv. Mr. Annam D.N. Rao, Adv. Mr. Kirit Rawal, ASG Mr. A. Mariarputham, Adv. Ms. Aruna Mathur, Adv. for M/s. Arputham Aruna & Co., Advocates
For Union of India :Mr. Harish N. Salve, SG, Mr. Maninder Singh, Ms. Prathibha Singh, Ms. Kavita Wadia, Advocates.
For the Respondent:Mr. Parag P. Tripathi, Sr. Adv., Mrs. J.S. Wad, Mr. Ashish Wad, Ms. Niharika Bahl, for M/s. J.S. WAD & CO., Mr. Vijay Hansaria, Sr. Adv. Ms. Inklee Barooah, for Mr. Sunil Kumar Jain, Mr. Ranjit Kumar, Sr. Adv. Ms. Anu Mohla, Advocates.
For the Intervenors :Mr. K.K. Venugopal, Sr. Adv., Mr. S. Udaya Kumar Sagar, Ms. Bina Madhavan, Mr. Prasanth, Ms. Meera C.R., Mr. T.R. Andhyarujina, Sr. Adv., Mr. K.Rejendra Chowdhary, Sr. Adv. Mr. Rakesh K. Sharma, Mr. G.S. Chatterjee, Mr. K.R. Sasiprabhu, Mr. Devendra Singh, Ms. Indu Malhotra, Mr. Ashok K. Mahajan, Advocates.

The court emphasized the need for the Executive Committee of the Medical Council of India to decide pending applications of various colleges in accordance with the law and required a report to be submitted by a specified date. It was also highlighted that appropriate action would be taken if the Executive Committee fails to decide the applications, and urged all concerned parties to act in coordination for the betterment of medical education in the country.

Headnote:

Medical Council of India - Pending Applications - The court directed the Executive Committee of the Medical Council of India to decide pending applications of various colleges in accordance with the law and required a report to be submitted by a specified date. The court also emphasized that appropriate action would be taken if the Executive Committee fails to decide the applications, and urged all concerned parties to act in coordination for the betterment of medical education in the country. Mr. Harish N. Salve was appointed as amicus curiae in the matter.

Fact of the Case:

The court directed the Executive Committee of the Medical Council of India to decide pending applications of various colleges in accordance with the law and required a report to be submitted by a specified date. It was emphasized that appropriate action would be taken if the Executive Committee fails to decide the applications, and urged all concerned parties to act in coordination for the betterment of medical education in the country. Mr. Harish N. Salve was appointed as amicus curiae in the matter.

Finding of the Court:

The court directed the Executive Committee of the Medical Council of India to decide pending applications of various colleges in accordance with the law and required a report to be submitted by a specified date. It was emphasized that appropriate action would be taken if the Executive Committee fails to decide the applications, and urged all concerned parties to act in coordination for the betterment of medical education in the country. Mr. Harish N. Salve was appointed as amicus curiae in the matter.

Issues: Pending applications of various colleges before the Executive Committee of the Medical Council of India

Ratio Decidendi: The court emphasized the need for the Executive Committee of the Medical Council of India to decide pending applications of various colleges in accordance with the law and required a report to be submitted by a specified date. It was also highlighted that appropriate action would be taken if the Executive Committee fails to decide the applications, and urged all concerned parties to act in coordination for the betterment of medical education in the country.

Final Decision: The court directed the Executive Committee of the Medical Council of India to decide pending applications of various colleges in accordance with the law and required a report to be submitted by a specified date. It was emphasized that appropriate action would be taken if the Executive Committee fails to decide the applications, and urged all concerned parties to act in coordination for the betterment of medical education in the country. Mr. Harish N. Salve was appointed as amicus curiae in the matter.

JUDGMENT :

1. Heard the learned counsel for the parties. We have already directed the Executive Committee of the Medical Council of India to decide the pending applications of various colleges in accordance with law. We further direct that appropriate report would be sent to this Court on or before 15th November, 2002.

2. Stand over for 20th November, 2002.

3. It is made clear that if the Executive Committee fails to decide the said applications, appropriate action would be taken. It is hoped that all concerned would act in co-ordination for the betterment of the medical education in the country.

4. Mr. Harish N. Salve to continue as amicus curiae in this matter.

5. Learned counsel appearing on behalf of the Medical Council of India states that the decision taken by the Executive Committee of the Medical Council on 31st October, 2002, would be conveyed to the Central Government immediately.

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