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1999 Supreme(All) 925

A.A.DESAI, KRISHNA KUMAR LAHOTI
U. P. MEDICAL COLLEGE MEDICAL EDUCATION TEACHERS ASSOCIATION (UPMA), GORAKHPUR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Ashok Khare, Dilip Gupta, P.MITTAL, P.S.Baghat, S.K.GUPTA, S.N.SRIVASTAVA, SUNIL AMBAVANI, U.N.Sharma, V.K.Bist, VIKRAM NATH, VISHNU BEHARI TEVARI

ASHOK A. DESAI, J.

( 1 ) THESE four writ petitions since raise common question of facts and law have been heard together and are decided by a common judgment. 1. Pursuant to Cabinet decision, the Government, by order dated 2-4-1998, directed to convert six Government Allopathic Medical Colleges into each individual autonomous Societies and to transfer of properties and equipments of Medical College to the corresponding Societies. Minister of Medical Education, in each Society has been nominated as Chairman of Board of Governors. Model bye-laws to be prepared by the Government, have to be adopted by the concerned Society. Accordingly, vide Circular dated 14-9-1998 model bye-laws were issued. On 17-10-1998 six Societies were independently registered under Societies Registration Act, 1860 (hereinafter referred to the Act ). These petitions have questioned validity, propriety and motivation of these decisions.

( 2 ) DURING the course of hearing, the learned Advocate General presented affidavit sworn by Shri Amarjit Deputy Secretary of Medical Education who has averred in paragraph 2 as thus :"that the Government has only entrusted the Management and user of its Medical Colleges propert






























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