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2003 Supreme(Mad) 173

R.JAYASIMHA BABU, N.V.BALASUBRAMANIAN
The Madras Medical Mission & Another – Appellant
Versus
Pondicherry University & Another – Respondent


Advocates Appeared:For the Petitioner:Mr.Sriram Panchu, Senior Counsel For the Respondents: R1 Mrs.G.Thilakavathi, R2 Mr.Vijaya Narayan, Pondichery Gov Mr.Murugesan, Senior Counsel, Medical Council of India Mr.Sasidharan, Standing Counsel.

Judgment :-

R.Jayasimha Babu, J.

The Madras Medical Mission (appellant) established in 1982 at Chennai by the members of Orthodax Syrian Church, is a society registered under the Tamil Nadu Societies Registration Act, 1975. It has established an institute for Cardio Vascular diseases, an institute for Reproductive Medicines for Women's Health and a Transplant Center for organ transplantation. It has recently set up a 300 bed hospital and has established facilities for commencing a new medical college at Ganapathichettykulam, Kalapet, Pondicherry under the name and style of 'Pondicherry Institute of Medical Sciences' (PIMS). The estimated project cost is Rs.80.00 crores of which Rs.46.00 crores which includes borrowed funds of Rs.34.00 crores is said to have been already invested.

2. It applied to the Central Government in the year 2001 for permission to establish the new medical college commencing from the academic year 2002-03, such permission having been sought in terms of Section 10A read with Section 33 of the Indian Medical Council Act, 1956, (Act No.102 of 1956) and the Admission to Medical College Regulations, 1999 framed by the Medical Council of India under Section 33 of th















































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