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Royal Medical Trust (Regd) & Anr vs Union Of India & Anr on 20 August, 2015

25. Now, coming to the Writ Appeal filed by the writ petitioner, we are of the view that this is a case in which the judgment of the Supreme Court in Royal Medical Trust (supra) can be applied to the facts and circumstances of the case. It is not in dispute that the application for permission was filed before the Central Government within time, but without the essentiality certificate and the consent for affiliation from University. The Central Government had forwarded the matter to DCI who had returned the application on the ground that it is incomplete. DCI has time upto 28th February to consider the Scheme and to give a report to the Central Government. That stage has not reached so far. Under such circumstances, we are of the view that since the time for verification by DCI has not expired so far, an opportunity should be granted to the petitioners to resubmit their application along with the required certificates from the State Government as well as the University.
Supreme Court of India Cites 16 - Cited by 120 - U U Lalit - Full Document

Mridul Dhar(Minor)&Anr vs Uoi&Ors on 12 January, 2005

After referring to various judgments on the point including Mridul Dhar v. Union of India [(2005) 2 SCC 65] and Priya Gupta v. State of Chhattisgarh [(2012) 7 SCC 433] wherein the Supreme Court held that strict adherence to the prescribed deadlines are to be followed, Supreme Court made a deviation from the said stand by indicating that since the appellant was not at fault the Council was expected to have appropriately considered the facts and circumstances of the matter and reached a conclusion one way or the other on its merits W.A.Nos.1574 & 1711 of 2014 16 instead of functioning in such mechanical manner by rejecting the application. Hence the appeal was allowed and a direction was issued to the Council to register the application for the academic year 2013-14 and proceed with the matter on its merits in accordance with the procedure prescribed.
Supreme Court of India Cites 15 - Cited by 464 - Full Document

The State Of Maharashtra vs Indian Medical Association & Ors on 6 December, 2001

Learned counsel also referred to the judgment of the Supreme Court in State of Maharashtra v. Indian Medical Association and others [(2002) 1 SCC 589] wherein the Apex Court had occasion to construe the regulations framed under the Indian Medical Council Act, 1956 especially paragraph 3 of the Regulations which required an essentiality certificate from the State Government, and almost similar to Regulation 6(e) referred above. It is observed that other than the desirability of location of the proposed medical college, and certifying that adequate clinical material is available in the proposed medical college by the State Government, all other aspects regarding establishment of a new medical college and W.A.Nos.1574 & 1711 of 2014 17 imparting of education are governed by the Central Act and Regulations framed thereunder. It is held as under:
Supreme Court of India Cites 18 - Cited by 209 - V N Khare - Full Document
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