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2016 Supreme(Del) 4047

SANJIV KHANNA, SUNITA GUPTA
FACULTY ASSOCIATION, MAULANA AZAD MEDICAL COLLEGE AND ASSOCIATED HOSPITAL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioners: Ms. Shobhana Takiar, Mr. Rahul Sharma, Ms. Palak Singh, Mr. Varun K. Chopra and Mr. Chinmay Bhatt.
For the Respondents: Mr. B.S. Shukla, Mr. Mukul Talwar, Ms. Amita Sahni, Mr. T. Singhdev, Mr. Biakthansangi, Mr. Tarun Verma, Mr. Anurag Mathur, Mrs. Jyoti Singh and Mr. Padma Kumar.

JUDGMENT :

SANJIV KHANNA, J.

1. The petitioner-Faculty Association of Maulana Azad Medical College and associated hospitals namely, Lok Nayak Jai Prakash Narayan Hospital, G.B. Pant Hospital, Guru Nanak Eye Centre, Sushruta Trauma Centre, Chacha Nehru Bal Chikitsalaya, Dental College and Hospital and College of Nursing, impugn the notification dated 15th March, 2005, as being arbitrary, illegal and beyond the scope of powers and jurisdiction of the Medical Council of India (MCI, for short), respondent No. 3 herein. The petitioners also pray that Guru Gobind Singh Indraprastha University, respondent No. 5 herein, should be restrained from equating non-teaching specialists and consultants at the Safdarjung Hospital and Ram Manohar Lohia Hospital with Professors and Associate Professors as they do not possess the requisite and mandated qualifications prescribed by the Recruitment Rules for the said posts. A consequential prayer is made for setting aside the orders dated 2nd May, 2005 and 31st May, 2005 and directions are sought that the number of teaching posts in the post-graduate institutions should be increased as per norms to meet the required number.

2. The judgment in the present c




























































































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