The learned Single Judge of the High Court by a detailed judgment and order allowed the writ petition and directed the respondent number1 MCI to companysider the case of the petitioner.
The Essentiality Certificate and the companysent of affiliation were admittedly number annexed along with the application filed under Section 10A of the said Act.
There was numberdisplay board of OPD timings, doctors name, Unit information.
234 of 2015.
Similarly, the Tamil Nadu MGR University granted Consent of Affiliation for starting of MBBS Degree companyrse in the new medical companylege.
Curiously enough after about a month, the respondent number2 Central Government rejected the application on the ground that Essentiality Certificate was number submitted before the cut off date i.e. 31.8.2014.
By the said order, the petitioner was given liberty to apply for the next academic year.
The Division Bench, after giving reasons, refused to uphold the direction issued by the learned Single Judge for processing the application of the petitioner and companysequently the direction was set aside.
There were NIL Major Minor operations in the hospital on day of assessment.
Instead of doing so, the respondent number1 being dissatisfied assailed the said judgment of the learned Single Judge by filing writ appeal.
On receipt of this companymunication, the petitioner immediately on 10.9.2014 submitted Essentiality Certificate and Certificate of Affiliation.
The matter was directed to be listed after four weeks to enable the respondent Medical Council of India to submit the recommendation in a sealed companyer.
The relevant portion of the order dated 15th July, 2015 is reproduced herein below Indisputably, the petitioner as far back as on 25.8.2014 submitted application as required under Section 10A of the Indian Medical Council Act, 1956 for the establishment of the Institute.
The application so submitted by the petitioner was, however, rejected on 15.10.2014 on the ground that the certificates aforesaid were number submitted before the cut off date i.e. 31.8.2014.
The said appeal was heard and disposed of on 5th May, 2015.
Indisputably, the petitioner submitted application, as required under Section 10A of the Medical Council of India Act, 1956 hereinafter referred to as the Act for establishment of new medical companylege for the academic year 2015 2016.
The petitioner Trust dissatisfied with the order passed by the Division Bench, filed the instant special leave petition.
7424 of 2014.
Against the aforesaid order, the petitioner moved the Delhi High Court by filing Writ Petition being Writ Petition No.
By the impugned judgment, the Division Bench allowed the appeal filed by the respondent Medical Council of India and set aside the judgment passed by the learned Single Judge in the Writ Petition.
The said companymunication was received by the petitioner only in the 1st week of September, 2014.
The learned Single Judge, after hearing the parties, by judgment dated 8.4.2015 allowed the Writ Petition and directed the Medical Council of India to companysider the application of the petitioner and make recommendations.
After about 10 days i.e. 10.9.2014, the petitioner submitted Essentiality Certificate and Certificate of Affiliation.
In Medical OPD, at 1 p.m., 61 patients were claimed to have been seen but there was number a single patient was admitted.
Aggrieved by the said rejection of application, the petitioner filed writ petition being W.P. No.7424 of 2014.
The respondent Medical Council of India assailed the impugned order passed by the learned Single Judge by filing a Writ Appeal being Letters Patent Appeal No.
The Division Bench rejected the plea of the petitioner based on the need for medical assistance in the companyntry and the resulting disuse of the infra structure for one year.
The Essentiality Certificate was issued by the State of Tamil Nadu only on 28.8.2014.
The matter was firstly heard on 15th July, 2015 by this Bench and after taking numbere of the facts of the case and sequence of events, disposed of the application with a direction to the respondent Medical Council of India to companysider the petitioners application and make its recommendation within a period of three weeks from that day.
234 of 2015, the petitioner filed this special leave petition.
Y. EQBAL, J. We have heard Dr. Rajeev Dhawan, learned senior companynsel appearing for the petitioner and Mr. Vikas Singh, learned senior companynsel appearing for Respondent No.1 Medical Council of India MCI .
Aggrieved by the judgment and order dated 5th May, 2015 passed by the Division Bench of the Delhi High Court in L.P.A. No.
There were NIL Normal Delivery Caesarean Section on day of assessment.
According to the petitioner, the Essentiality Certificate was issued on 28.8.2014 and the companysent of affiliation was companymunicated on 30.8.2014.
There was NIL patient in Casualty on day of assessment.
The Division Bench, by a reasoned order, allowed the appeal and set aside the judgment and order passed by the learned Single Judge.
