respondent/State: Shri Deepak Awasthi, Govt.
Advocate.
For the respondent MCI : Smt. Indira Nair, Senior Counsel
with Shri Rajas Pohankar,
Advocate.
For respondent ... have obtained more than the cut off
marks as prescribed in the MCI Regulations. It is submitted
that till the year 2016-17 the State
clarified its stand in the following words:
“MEDICAL COUNCIL OF INDIA
No. MCI - 34(41)(E-46)/2013-Med. Dated: 26.08.2014
The Special Secretary (Health ... Himachal Pradesh.,
Department of Health & Family Welfare,
Shimla – 171002.
Ref.: No.MCI-34(41)(E-46)/2013-Med./57586, Dated 14.02.2014.
No.MCI
specifically prohibited w.e.f. 10.12.2009 by the Medical
Council of India (MCI), which is the competent authority, and
therefore, the said expenses are illegal ... satisfy the AO that the
expenditure is not in violation of MCI regulations, which
assessee has done in the present case.
7
ITA No.4605
Reason:
restrain the respondent No.2, Medical Council of India
(MCI), to encash the bank guarantee of Rs. 2 crores
2
furnished by the petitioner ... academic year 2014-15. As certain deficiencies were
pointed out by the MCI, it was not granted Letter of
Permission (LOP) for the year
hundred and fifty) seats MBBS
Course. The Medical Council of India (MCI) conducted an
inspection and granted the Letter of Permission ... College
on 30.06.2017.
7. A counter affidavit has been filed by MCI contending,
inter alia, that if the permission is granted after
basis of
approval communicated by Supreme Court Mandated
Oversight Committee on MCI (OC) and after granting an
opportunity of hearing to the college with reference ... recommendation of MCI dated 24.03.2017 and considering
the contents of MCI letter No. MCI-34(41)
(RG-17)/2017-Med./107428 dated
Medical Council of India, (for short,
hereinafter to be referred to as “MCI'/Council”) has also been
authorised to encash the bank guarantees submitted ... whereafter the
assessment report was laid before the Executive Committee of
the MCI, which in its meeting dated 28.12.2015, on a
4
consideration
were considered by the
Executive Committee of the Medical Council of India (‘MCI’) which noted the
existence of as many as 39 deficiencies. Among ... assessment conducted on 22 April 2016.
3 The team of assessors informed MCI that the petitioner had resisted
inspection on the ground that most
DEEPAK MANSUKHANI
IS BEING USED BY MR. OM
PARKASH SHARMA
“MCI”) to encash the bank guarantee of Rs. 2 crores
2
submitted by the petitioners ... Family Welfare) Government of India. The Ministry
forwarded the application to the MCI for evaluation and
recommendations as per the Act, whereafter the latter caused
Post Graduate
Medical Education Regulations, 2000 (for short 'MCI Regulations')
incentive at the rate of 10% of marks obtained for each year ... service regular PCMS/PCMS (Dental) doctors is violative of the MCI
Regulations as interpreted by Hon'ble the Supreme Court in State