BOARD OF GOVERNORS IN SUPER-SESSION OF MEDICAL COUNCIL OF INDIA Vs. SHREE BALAJI MEDICAL COLLEGE AND HOSPITAL

JUDGEMENT

(1.) THE writ appeal is at the instance of the Board of Governors in Super-session of Medical Council of India, questioning the interim direction ordered in M.P.No.1/2011 and M.P.No.2/2012 in W.P.No.20451 of 2011.

(2.) THE issue is with regard to the request of the first respondent Medical College and Hospital seeking increase in intake capacity of seats in M.B.B.S. Degree course from 100 to 250 for the year 2012-2013. By the impugned order, the learned Judge directed the Board of Governors in super-session of Medical Council of India [hereinafter referred to as 'Medical Council of India'] to make inspection of the first respondent College in terms of their application dated 15.11.2010 without insisting upon the production of Essentiality Certificate from the State Government on or before 15.06.2012. A further direction was issued to the statutory body to pass appropriate orders thereon on merits and in accordance with law, after giving an opportunity of being heard to the first respondent.

(3.) THE application sent by the first respondent on 15.07.2010 seeking increase in intake capacity from 100 to 250 seats was rejected by the Medical Council of India by communication dated 27.04.2011. The said communication reads as under:-