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MUNISHWAR NATH BHANDARI, N. MALA
Education Promotion Society for India, Rep. by its Executive Secretary, Chennai – Appellant
Versus
Union of India, Rep. by its Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to section 10(1)(i) of the act. (Para 1 , 2) |
| 2. disparity in fee structure; impact on admissions. (Para 3 , 4 , 6 , 8) |
| 3. prior judgments emphasize fee autonomy. (Para 5 , 7 , 9 , 10) |
| 4. regulatory powers of national medical commission. (Para 11 , 12 , 13) |
| 5. need for regulatory frameworks in education. (Para 14 , 15 , 16 , 19) |
| 6. the constitutionality of section 10(1)(i) upheld. (Para 22 , 23 , 24) |
| 7. fee regulations must align with public interest. (Para 25 , 27 , 28) |
| 8. no rigid fee structures, flexibility recognized. (Para 30 , 34) |
| 9. direction for reviewing fee office memorandum. (Para 51 , 54) |
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of declaration declaring that Section 10 (1)(i) of the Nation Medical Commission Act, 2019 is ultra vires the Constitution of India, illegal, null and void and consequently call for the records of the third respondent in the Office Memorandum dated 03.02.2022 in reference No.NMC/ US(NMC)/ Fee-Regulating-Committee/ 2021-22 issued in exercise of the power granted under Section 10 (1)(i) of the National Medical Commission Act , 2019 and quash the same.)
Common Order:
Munish
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