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2013 Supreme(Mad) 3473

K.K.SASIDHARAN
Mahatma Gandhi Medical College & Research Institute rep. by its Chairman Pondicherry – Appellant
Versus
Union of India rep. by its Secretary to Government New Delhi – Respondent


Advocates Appeared:
For the Petitioner:K. Doraisamy, Senior Counsel for M/s. Muthumani Doraisami, Advocate.
For the Respondents:R2, V.P. Raman, Advocate.

Judgment :

Introductory :

Whether pendency of criminal proceedings launched by Central Bureau of Investigation and initiation of consequential proceedings by the Ethics Committee would give authority to Medical Council of India (hereinafter referred to as MCI) to reject the application for sanctioning additional intake in Super Speciality Course, is the core issue that arises for consideration in this writ petition.

Summary of facts :

2. The writ petition is directed against the order dated 14 July 2013, whereby and whereunder the Medical Council of India was pleased to reject the application for increase of seats in D.M. (Cardiology) and M.Ch. (Urology) in view of the criminal case registered against the institution by the Central Bureau of Investigation (hereinafter referred to as CBI) and the currency of proceedings before the Ethics Committee.

3. The petitioner is a Medical College established on the strength of the letter of permission issued by the Government of India. The institution commenced its operation from the academic year 2002-2003. The MCI granted renewal of permission year after year till the fifth renewal in the year 2006-2007. Thereafter permanent recognition was






































































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