KJ MEHTA GENERAL HOSPITAL & COLLEGE KJ MEHTA GENERAL HOSPITAL & COLLEGE Vs. BOARD OF GOVERNOR IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) By the present writ petition the petitioner seeks a direction in the nature of certiorari for quashing the email dated 30.6.2012 whereby the petitioners' application for establishment of a college has been rejected by the respondent. The petitioner also prays for a writ of mandamus directing respondent Medical Council of India to forthwith grant letter of permission to petitioner no.1 college to admit students in the first year MBBS Course for the academic year 2012-2013 as per the criteria of the first batch.

(2.) Rule. With the consent of counsel for the parties present writ petition is set down for final hearing and disposal.

(3.) The necessary facts, to be noticed for disposal of the present petition, are that petitioner no.1 is a medical college and petitioner 2 is a trust. Petitioner no.2 made an application under Section 10A of the Indian Medical Council Act (IMC) (hereinafter referred to as the Act) for establishing a medical college for 150 MBBS admissions annually. Respondent, upon satisfaction, regarding fulfillment of all the conditions, granted permission under Section 10A of the Act to petitioner no.2 to establish petitioner no.1 college from the academic year 2009-2010. Pursuant to the permission granted by the Government of India by the communication dated 10.7.2009 petitioner no.1 college admitted 150 students in the first year of the MBBS Course. As per Regulation 8 of the Medical College of India College Regulations, 1999, permission to establish a college and admit students may be granted initially for a period of one year and be renewed on yearly basis subject to verification of achievements of annual targets. A college has to apply for renewal of permission six months prior to expiry of the last permission granted.