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2022 Supreme(Mad) 3595

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


Advocates appeared:
For the Petitioner:Vijay Narayan, Senior Counsel for Abishek Jenasenan, Advocate. For the Respondents:R1, R2 & R3, R. Sankaranarayanan, Addl. Solicitor-General Assisted by Rajesh Vivekananthan, Asst. Solicitor-General, R4, V. Sudha, Advocate.

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:

Munishwar Nath Bhandari, CJ.

1. A batch of writ petitions has been filed to challenge Section 10 (1)(i) of the National Medical Commission Act , 2019 [for brevity, “the Act of 2019”] and the Office Memorandum dated 3.2.2022 issued in exercise of the power conferred under Section 10 (1)(i) of the Act of 2019.

2. The writ petitions have been preferred by the Education Promotion Society for India, Pondicherry Institute of Medical Sciences, apart from various medical colleges. The Education Promotion Society of India is a society which consists of various educational institutions across the country, including Deemed to be Univers

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