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2017 Supreme(Bom) 839

ANOOP V.MOHTA, SUNIL K.KOTWAL
Pravara Institute of Medical Sciences, Deemed University's – Appellant
Versus
Union of India Through the Under Secretary for Ministry of Health and Family Welfare Nirman Bhavan – Respondent


Advocates Appeared:
For the Petitioner:Shri V. D. Hon, Senior Counsel i/by Shri Ashwin V. Hon, Advocate
For the Respondent:Shri S. B. Deshpande, Asstt. S. G. Shri S. K. Kadam, Advocate

JUDGMENT :

Anoop V. Mohta, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for parties.

02. The petitioner is a recognized institution/Medical College, who is imparting graduate and post graduate courses in various faculties of health sciences since 1984 with basic intake capacity of 125 students per year. Considering the material and infrastructure and the requirement of the locality, petitioner's application for additional 75 seats for the year 2016-2017 was considered favourably. The petitioner, therefore, was able to admit 200 students for the academic year 2016-2017. However, the respondents by impugned resolution No. 15 dated 04.11.2016 issued by Medical Council of India ("MCI") and communication dated 31.05.2017 issued by the Union of India, Ministry of Health and Family Welfare, New Delhi ("UOI") reduced intake capacity by 75 seats and restricted it to 125 seats for academic year 2017-2018. Therefore, present petition is filed on 08.06.2017.

03. In view of the urgency expressed, the following order is passed by this Court on 14.06.2017.

2. Learned Assistant Solicitor General, appearing for respondent Nos.1 and 3 made statement th

















































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