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2014 Supreme(SC) 1317

SUPREME COURT OF INDIA
Fakkir Mohamed Ibrahim Kalifulla, Shiva Kirti Singh, JJ.
Venkateshwara University - Petitioner
Versus
Union of India and Anr. - Respondents
SLP(C) No. 25833 of 2014
Decided On : 19-09-2014

Advocates:
Advocate Appeared:
For the Appellant :Mr. Dushyant Dave, Sr. Adv. Mr. Pankaj Kumar, A.O.R. Mr. J.S. Bhasin, Adv. Ms. Rashmi Priya, Advocate.

The court's decision on allowing the petitioners to admit students was based on the report submitted by the Medical Council of India.

Headnote:

Direction - Medical Council of India - The court issued a direction for the Medical Council of India to act as per the Central Government's letter, conduct necessary inspection, and submit a report within 10 days. The court reserved the decision on allowing the petitioners to admit students based on the report.

Fact of the Case:

The court directed the Medical Council of India to act as per the Central Government's letter and submit a report within 10 days.

Finding of the Court:

The court reserved the decision on allowing the petitioners to admit students based on the report.

Issues: Compliance with Central Government's letter, inspection report, permission to admit students

Ratio Decidendi: The court's decision on allowing the petitioners to admit students depended on the report submitted by the Medical Council of India.

Final Decision: The final decision was reserved pending the report from the Medical Council of India.

ORDER :

Taken on board.

2. Our notice was drawn to a recent direction of this Court dated 10th September, 2014 in WP(C) NO.688 of 2014 wherein the following direction has been issued:

    "Such submission is opposed by learned counsel for MCI. However, at this stage we are not inclined to decide the aforesaid question but we are of the view that in the interest of justice it is desirable that the MCI should act as per Central Government's letter dated 1st July, 2014 and after taking in to consideration the reply submitted by the petitioners vide their letter and if required get necessary inspection and submit report to the Central Government with a copy to this Court within 10 days. Copy of the Report be also served on the other parties. The petitioners are directed to cooperate the inspection team and shall provide all such information’s as required.

    On receipt of the report, the Court will decide whether it is possible to allow the petitioners to admit students in the Academic Session 2014-2015 or in the next Academic Session 2015-2016."

3. As the petitioner is stated to be identically placed, we also issue the same direction and call for a report from the Medical Council of India within a week.

4. Petitioner is permitted to serve notice on the Standing Counsel for Medical Council of India as well as on the Union of India.

5. List this matter on 8th October, 2014.

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