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2015 Supreme(Del) 2602

RAJIV SHAKDHER
MGR EDUCATIONAL AND RESEARCH INSTITUTE UNIVERSITY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner:Mr. J.S. Bhasin, Ms. Rashmi Priya, Mr. Nishant Shokeen and Mr. Inderjeet Singh, Advocates
For the Respondents:Ms. Monika Arora, Mr Harsh Ahuja & Mr Gaurav Upadhyay, Advs. for R-1 & 4 Mr. Vikas Singh, Sr. Advocate with Mr. T. Singhdev, Ms. Biakthan Sangi and Ms. Puja Sarkar, Advocates for R-2/MCI Mr. Ravinder Agarwal, Advocate for R-3

JUDGMENT :

RAJIV SHAKDHER, J

1. This writ petition is directed against the communication dated 11.05.2015 issued by respondent no.2 i.e. the Medical Council of India (hereafter referred to as MCI) and communication dated 15.06.2015 issued by respondent no.1 i.e. the Union of India (hereafter referred to as UOI).

1.1 By virtue of the impugned communications, in effect, the petitioner’s scheme for admittance of students to the MBBS Course upto a maximum extent of 150 candidates, for the academic year 2015-2016, has been rejected.

1.2 Pertinently, UOI’s communication dated 15.06.2015 is pivoted on the recommendation of MCI contained in its letter dated 11.05.2015.

2. The challenge raised by the petitioner arises in the background of the following broad facts :-

2.1 The petitioner, which is constituted as a deemed university, was desirous of setting up a medical college by the name of ACS Medical College and Hospital (hereafter referred to as the ‘ACS Medical College’) as a constituent college. The respondent no.3 i.e. University Grants Commission (hereafter referred to as ‘UGC’) granted its in-principle, no objection to the proposal made for establishing a medical college under the am













































































































































































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