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Showing contexts for: parag tripathi in Jamia Hamdard (Deemed University) & ... vs Union Of India & Anr. on 12 June, 2015Matching Fragments
3. Mr. Parag Tripathi, learned Senior counsel for the Appellante states that the Appellant will take immediate steps to challenge the said decision in accordeance with law. He seeks liberty to raise the grounds of challenge urged in the present appeal, in the said petition.
4. In view of the decision taken today by the Central Government, there is no scope of further orders in the present appeal. Liberty as prayed for is granted to the Petitioner to challenge the said order in accordance with law.
5. The appeal is disposed of. Order be given dasti to the parties under the signature of the Court Master."
7. Arguments advanced by the learned Senior counsel Mr. Parag Tripathi for the petitioners are that on 12/13.11.2014, first inspection of the college of the petitoner no.2 was conducted by the respondent no.2 and certain deficiencies were noted down. The government of India gave opportunity of personal hearing to the petitoner under Section 10(4) of the Medical Council of India Act, 1956 on 19.01.2015. A surprise inspection was again conducted by respondent no.2 on 12/13.02.2015. On 16.02.2015, petitioners wrote a letter to the respondent clarifying the position that the deficiencies were meted out and the college fulfills all the requirements for renewal. Thereafter, the Government of India vide letter dated 07.05.2015 asked the respondent no.2 to obtain an undertaking from the petitoners and the Commiittee recommended for approval. On 12.05.2015, the petitioners gave undertaking to the effect that all the deficiencies were rectified, but despite that on 14.05.2015, the respondent no.2 recommended to the Government of India not to renew the permission for admission of 4th batch of 100 seats of petitioner no.2 for the academic year 2015-16. Thereafter, the petitioner filed a writ petition bearing W.P.(C) No.5763/2015 which was disposed of on 29.05.2015 with the direction to the Central Government to take the final view on the petitioner‟s application on or before 07.06.2015. Thereafter, the petitioners filed an appeal bearing LPA No.388/2015 which was disposed of on 08.06.2015. It is submitted that the objections and undertaking of the petitioners were never sent to the Government of India by the respondent no.2 vide which the deficiencies were rectified by the petitioners which shows non-application of mind by the Government of India in issuing impugned letter dated 07.06.2015 and by the virtue of the same, the fate of admission process is being affected. It is submitted that the petitioners are having good prima facie case for interim relief.
12. On the other hand, learned Senior counsel for the petitoner Mr. Parag Tripathi vehemently argued that the petitioners are not only aggrieved by the order dated 07.06.2015 for non-renewal of permission for the admission of MBBS course for the academic year 2015-16 without due application of mind, but specifically aggrieved by para 4 of the order dated 07.06.2015 which reads as under :
"You are hereby directed NOT to admit any students in MBBS course for the academic year 2015-16. Any admission made in this regard would be treated as irregular and action will be taken as per the provisions of the IMC Act, 1956 and regulations made thereunder."