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2012 Supreme(Mad) 4167

N.PAUL VASANTHAKUMAR
Sree Balaji Medical College & Hospital – Appellant
Versus
Medical Council of India, rep. by its Chairman – Respondent


Advocates Appeared:
For the Petitioner:N. Vijay Narayan, Sr. Counsel for R. Parthiban, Advocate.
For the Respondent:R. Thiagarajan, Sr. Counsel for V.P. Raman, Advocate.

Judgment

The prayer as amended in the writ petition is to quash paragraph 4 of the Minutes of Meeting of the Board of Governors of the Medical Council of India held on 12.12.2011 and the order of the Medical Council of India, dated 29.6.2012 and direct the respondents to reconsider the application made by the petitioner Medical College for increase of MBBS seats from 100 to 150 without insisting upon fresh or re-validated essentiality certificate.

2. The brief facts necessary for disposal of this writ petition as could be seen from the affidavit filed in support of the writ petition are as follows:

(a) Petitioner Medical College and Hospital is the Constituent of Bharath University and it applied for the status of Deemed University to the first respondent. The said status of Deemed university was granted under section 3 of the UGC Act.

(b) The petitioner Bharath University was given permission for starting PG courses by the Central Government on the recommendations of the MCI during the year 2009. The institution was granted essentiality certificate for an annual intake of 100 students in MBBS course from the academic year 2003-2004 and MCI granted permission under Section 10A of

















































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