Supreme Court - Daily Orders
M/S Mahavir Institute Of Medical ... vs Union Of India Secretary on 22 September, 2017
Bench: S.A. Bobde, L. Nageswara Rao
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT APETITION (CIVIL) NO. 437 OF 2017
M/S MAHAVIR INSTITUTE OF
MEDICAL SCIENCE PETITIONER(S)
VERSUS
UNION OF INDIA & ANR. RESPONDENT(S)
WITH
WRIT APETITION (CIVIL) NO. 441 OF 2017
O R D E R
Heard learned counsel for the parties.
These writ petitions are disposed of in terms of the judgment of this Court dated 12.09.2017 passed in the case of Royal Medical Trust and Anr. vs. Union of India & Anr.(Writ Petition(Civil) No. 747 of 2017), particularly, paragraph 54, which reads as follows :
"54. Keeping in view the facts and circumstances of the case, we sum up our conclusions and directions, thus :-Signature Not Verified
(a) The Petitioners are not Digitally signed by CHARANJEET KAUR entitled to Letter of Permission Date: 2017.09.22 18:30:55 IST Reason:
(LOP) for the academic session 2017-2018. We direct that the order passed in the present writ petition shall be applicable 2 hereafter for the academic session 2017-2018 since the cut off date for admissions to MBBS course for academic session 2017-2018 is over and the academic session has commenced.
No petition shall be entertained from any institution/college/ society/trust or any party for grant of LOP for 2017-2018. We say so as the controversy for grant of LOP for the academic year 2017-2018 should come to an end and cannot become an event that defeats time. The students who are continuing their studies on the basis of LOP granted for the academic year 2016-2017 should be allowed to continue their studies in the college and they shall be permitted to continue till completion of the course.
(b) The applications submitted for 2017-2018 shall be treated as applications for 2018-2019 and the petitioners shall keep the bank guarantee deposited with the Medical Council of India alive and the MCI shall not encash the same.
(c) The Medical council of India shall conduct a fresh inspection as per the Regulations within a period of two months. It shall apprise the petitioner- institution with regard to the deficiencies and afford an opportunity to comply with the same and, thereafter, proceed to act as contemplated under the Act.
(d) The inspection shall be carried out for the purpose of 3 grant of LOP for the academic session 2018-2019.
(e) After the Medical Council of India sends its recommendation to the Central Government, it shall take the final decision as per law after affording an opportunity of hearing to the petitioners. Needless to say, it shall take the assistance of the hearing Committee as constituted by the Constitution Bench decision in Amma Chandravati Educational and Charitable Trust (supra) or other directions given in the said decision.
The inspection will be done at the earliest as per Regulations.
Ordered accordingly.
..................J. [ S.A. BOBDE ] ...................J. [ L. NAGESWARA RAO ] NEW DELHI, SEPTEMBER 22, 2017.
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ITEM NO.50,50.1 COURT NO.7 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(Civil) No. 437/2017
M/S MAHAVIR INSTITUTE OF MEDICAL SCIENCE Petitioner(s)
VERSUS
UNION OF INDIA SECRETARY & ANR. Respondent(s)
(With appln.(s) for ex-parte stay and clarification/directions) WITH W.P.(C) No. 441/2017 (X) (With appln. for appropriate orders/directions) Date : 22-09-2017 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. Subramonium Prasad, Sr. Adv.
Mr. Parvez Bashista, Adv. Mr. Rakesh K. Sharma, AOR Mr. A. Sharan, Sr. Adv.
Mr. Amit Kumar, AOR Mr. Avijit Mani Pripathi, Adv. Mr. Shaurya Sahay, Adv.
For Respondent(s) Mr. Vikas Singh, Sr. Adv.
Mr. Gaurav Sharma, AOR Mr. Prateek Bhatia, Adv. Mr. Dhawal Mohan, Adv.
Ms. Amandeep Kaur, Adv.
Mr. Nalin Kohli, Adv.
Ms. Vishakha Ahuja, Adv. Mr. Ankit Raj, Adv.
Mr. Prabhas Bajaj, Adv. Dr. Nishesh Sharma, Adv. Ms. Aarti Sharma, Adv.
Mr. Akshay Amritanshu, Adv. Mr. N. Menon, Adv.
UPON hearing the counsel the Court made the following O R D E R The writ petitions are disposed of in terms of the signed order. pending applications stand disposed of.
[ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ] A.R.-cum-P.S. Branch Officer [ Signed order is placed on the file ]