SINDHUDURG SHIKSHAN PRASARAK MANDAL Vs. BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The petitioner seeks the quashing of order contained in letter no.MCI-34(41)(F-30)/2019-Med/20090 dated 30.05.2019 by which the respondent disapproved the scheme of the petitioner for establishment of a new college of 150 MBBS students for the academic session 2019-20 and seeks the directions to the respondent to issue a letter of permission for the petitioner's college with 150 MBBS students annual intake for academic session 2019-20.

(2.) The petitioner Sindhudurg Shikshan Prasarak Mandal, District Sindhudurg, Maharashtra is a registered charitable institute vide registration no.Maharashtra/800/Sindhudurg dated 05.11.1993 and is stated to have started the 300 bedded hospital and medical college claimed to have infrastructure to teach and train 150 MBBS students annually and submits that it is continuously providing health care facilities to the needy and to those who cannot afford the same and an Essentiality Certificate for establishing the medical college with the annual capacity of 150 MBBS seats is indicated to have been issued by the Government of Maharashtra on 23.05.2018.

(3.) The Consent of Affiliation was issued to the petitioner by the Maharashtra University of Health Science at Nashik on 30.06.2018 for the proposed college with the intake capacity of 150 seats to be established for Post Harkul Budruk, Tal. Kankavli, District Sindhudurg, Maharashtra subject to grant of permission by the Government of India, Ministry of Health and Family Welfare, New Delhi under Section 10A by the Indian Medical Council Act, 1956 (IMC Act, 1956). The note on the said Consent of Affiliation categorically reads to the effect: