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2020 Supreme(SC) 888

A.M.KHANWILKAR, DINESH MAHESHWARI, SANJIV KHANNA
Sukh Sagar Medical College And Hospital – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates appeared:
Mayank Pandey Advocate for the Appellant; Gaurav Sharma Advocate, Sunny Choudhary Advocate for the Respondent.

JUDGMENT

A.M. Khanwilkar, J. - Leave granted.

2. The seminal question in this appeal is: whether the State Government had unjustly revoked the Essentiality Certificate granted to Gyanjeet Sewa Mission Trust [For short, "the appellant-Trust" or "the appellant-College"] for establishing a medical college at Jabalpur in the State of Madhya Pradesh, being contrary to the decision of a two-Judge Bench of this Court in Chintpurni Medical College and Hospital & Anr. vs. State of Punjab & Ors., (2018) 15 SCC 1 ?

    3. Shorn of unnecessary details, the Government of Madhya Pradesh, on an application made by the appellant-Trust, issued the stated Essentiality Certificate as prescribed in Form-2 appended to the Medical Council of India Establishment of Medical College Regulations, 1999 [For short, "the 1999 Regulations"] . The same reads thus:-

    "Government of Madhya Pradesh

    Medical Education Department, Bhopal

      F.No. F-5-56/2014/1/55 Date: 27.08.2014

      To,

      The Chairman,

      GhyanjeetSewa Mission Trust,

      SukhSagar Medical College & Hospital Jabalpur

      Jabalpur

      Sir,

        The desired certificate is as follows:-

    1.

    No. of institutions already existing in the State.

    6 Au

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