MUZAFFARNAGAR MEDICAL COLLEGE Vs. BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA & ANR.

JUDGEMENT

(1.) BOTH parties i.e. the Medical College as well as the Board of Governors in supersession of Medical Council of India (MCI) are dissatisfied with the order dated 25th May, 2012 of the learned Single Judge disposing of W.P.(C) No. 3239/2012 preferred by the Medical College. The Medical College had applied to MCI for starting Post -graduate courses. The same was declined vide communication dated 1st January, 2012. Impugning the same, earlier W.P.(C) No. 203/2012 was preferred by the Medical College. Vide interim order dated 13th March, 2012 in the said writ petition, the MCI was directed to carry out inspection of the Medical College. Pursuant to the said inspection, permission was granted to start Post -graduate course in one subject but the Medical College was found deficient for imparting Post -graduate education in other subjects. A letter dated 31st March, 2012 was issued to the said effect.

(2.) THE Medical College filed W.P.(C) No. 166/2012, directly in the Supreme Court impugning the letter dated 31st March, 2012 (supra) of rejection, on the ground that similar issue as had arisen was pending consideration in the Supreme Court. Notice of the said writ petition was issued but no interim relief sought by the Medical College, granted.

(3.) THE hearing in the writ petition preferred by the Medical College in the Supreme Court, though commenced, but remained part heard till the advent of summer break. The Medical College filed an application therein for a direction, either for consideration by the MCI of the representation of the Medical College against the communication dated 31st March, 2012 (supra) or for withdrawal of that writ petition with liberty to approach this Court. On the said application, the Supreme Court vide order dated 22nd May, 2012 allowed the Medical College to withdraw the writ petition with liberty to approach this Court.