VARUNARJUN TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner vide the present petition seeks the quashing of the impugned order of the respondents bearing no.MCI-34(41)(R81)/2019-Med./206776 of BOG- MCI dated 31.05.2019, in as much as the same refuses to grant renewal permission to the petitioner college from admitting 150 students for MBBS Course in the Petitioner's Medical College for the academic session 2019-20 with consequential direction to the respondent No.2, to issue the renewal of letter of permission for admission of 4th Batch of 150 MBBS students at Varunarjun Medical College & Rohilkhand Hospital for the academic year 2019-2020 under Section 10 (A) of Indian Medical Council Act, 1956 and further seeks that the authorities be directed to provide from the NEET list for admission of 4th Batch of 150 MBBS students at Varunarjun Medical College & Rohilkhand Hospital for the academic year 2019- 2020 under IMC Act, 1956.

(2.) The respondents arrayed to the present petition are the Union of India, through its Secretary, Ministry of Health & Family Welfare as the respondent No.1 and the Board of Governors in supersession of Medical Council of India as the respondent No.2.

(3.) It has been submitted by the petitioners that the Varunarjun Trust, the petitioner No.l, was established with one of its objects to establish and maintain Medical Institutions and Medical Colleges and thus the petitioner No.2 Varunarjun Medical College & Rohilkhand Hospital a private unaided medical college was established by the petitioner No.1 Trust and has been conducting medical courses after being permitted by the Medical Council of India, the Central Government and the concerned University from the academic session 2016-17. It has been submitted by the petitioner that the petitioner No.2 college was issued a letter of permission for the period of one year with an annual intake of 150 students of the MBBS Course for the academic year 2016-17 under Section 10(A) of the Indian Medical Council Act, 1956 but that petitioner No.2 was not permitted renewal of permission for the academic sessions 2017-18 and 2018-19 due to an error of judgment by the Oversight Committee of the Medical Council of India.