SAMBHRAM CHARITABLE TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner-College has filed the present writ petition for a writ of certiorari to quash the order dated 10.10.2019 made in No.MCI-34(41)/2019-Med/153429 issued by the 2nd respondent-Medical Council of India (for short, hereinafter referred to as 'MCI').

(2.) It is the case of the petitioners that the 2nd petitioner herein is an Institution of Medical College attached to Sambhram Hospital and is part of the Sambhram Charitable Trust formed in the year 1991 as per the provisions of the Indian Trust Act and is recognized to establish Co-educational and Educational Institutions of petitioner No.2-Medical College established by the 1st petitioner. The 2nd respondent- Medical Council of the India is the statutory authority created under the Indian Medical Council Act, 1956 to maintain the Medical Register for India as also to look after the establishment of Medical Colleges and also starting of new courses by the Medical Colleges. The 3rd respondent is the State of Karnataka, whose concurrence is required for establishment of Medical Colleges etc., and 4th respondent is the concerned Department under respondent No.3. It is the further case of the petitioners that the Rajiv Gandhi University of Health Sciences had not given consent for affiliation on the ground of not complying with certain matters pertaining to infrastructure, etc., which was the subject matter in Writ Petition No.12540/2016 filed by the present petitioner No.2 for a writ of certiorari to quash the said order dated 4.8.2015 referring to grant affiliation to the petitioner - college.

(3.) This Court after hearing the parties by the order dated 31.3.2016 quashed the letter dated 4.8.2015 and directed the University to reconsider the matter after obtaining a fresh report from the Local Inspection Committee (LIC) and comply with the directions issued as expeditiously as possible. The said order has reached finality.