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2016 Supreme(HP) 2033

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
Maharishi Markandeshwar Medical College and Hospital – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.D. Shreedhar, Mr. Yudhbir Singh Thakur
For the Respondent: Mr. Shrawan Dogra, Mr. Anup Rattan, Mr. Romesh Verma, Mr. J.K. Verma, Mr. Ashok Sharma, Mr. Ajay Chauhan, Mr. B.C. Negi, Mr. Raj Negi

JUDGMENT :

Tarlok Singh Chauhan, J.

This instant writ petition has been filed with the following substantive prayers:

(i) To issue a writ in the nature of mandamus or any other appropriate writ, direction or order striking down sections 3 (6), 3 (6) (a) and 3 (6) (b) of the Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 as amended vide Amendment Act No. 24 of 2015 as null and void being wholly arbitrary, grossly malafide, in contravention of the law settled by the Hon’ble Supreme Court and in naked breach of the fundamental rights of the petitioners under Article 19 (1) (g) of the Constitution of India.

(ii) To issue the orders of appropriate nature that the petitioner No.1 MM Medical College and Hospital or any other intuitions of Medical Streams which may be started by petitioners be governed by the MMU (E&R) Act.”

2. It is vide notification dated 30.9.2015 that the State Government amended the Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 (Act No. 24 of 2015). The amendment carried in section 3 reads thus:

3. Amendment of section 3.- In section 3 of th









































































































































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