B.K.SHAH MEDICAL INSTITUTE AND RESEARCH CENTRE Vs. BOARD OF GOVERNORS IN SUPER SESSION OF MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) BY the present petition the petitioner seeks quashing of email/communication dated 27.06.2012 sent by the respondent, Medical Council of India (hereinafter referred to as ,,MCI), whereby petitioners application for increasing MBBS seats from 150 to 250 has been rejected.

(2.) THE brief facts, leading to filing of the present petition, are that the petitioner is a medical college and is running a MBBS course. As per the petition, the petitioner is run by a Public Charitable Trust, namely, Sumandeep Vidyapeeth Trust. The Trust had established a Dental College in the year 1999 and a Teaching Hospital at Piparia, Tax, Waghodia, Dist. Vadodara (Gujarat) in the year 2000. The petitioners Hospital has been in operation since 2000 and has been providing medical and teaching services to a large number of people. The petitioners Trust had also started a College for Physiotherapy in the year 2000.

(3.) SINCE the petitioner fulfilled all the requirements as per the statutory scheme incorporated under Section 10A of the Act and the statutory regulations made thereunder, the petitioner was granted renewal of permission, year after year, and eventually recognition under Section 11(2) of the Act was granted by the Government of India notification dated 30.06.2008.