MAHARAJI EDUCATIONAL TRUST Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Heard Sri Satish Misra Senior Advocate, assisted by Sri Anurag Khanna on behalf of the petitioner, Sri Sudhir Agrawal Additional Advocate General, assisted by Sri Anjani Kumar Mishra on behalf of respondent Medical Council of India, Sri K.C. Sinha, Assistant Solicitor General of India on behalf of respondent No. 1 and Learned Standing Counsel on behalf of respondent Nos. 2, 3 and 4.

(2.) Maharaji Educational Trust, the petitioner is a charitable trust, registered under the Indian Trust Act, 1956. The said trust has established a Medical College on the formal permission of the Government of India under, Section 10-A of the Indian Medical Council Act, 1956 in the year, 1996. After grant of the said permission, the institution applied for affiliation to Chaudhary Charan Singh University Meerut. The Government of India vide its communication dated 31st March, 2003 has confirmed its earlier permission. On 31st January, 2003 the petitioner institution moved an application seeking permission of the Central Government for starting the post graduate courses of study in 12 subjects.

(3.) In accordance with the provisions of Section 10-A(2) of the Indian Medical Council Act, 1956, the Union Government referred the scheme of the petitioner for its recommendation to the Medical Council of India, On the recommendation of the Medical Council of India, the Government of India ultimately on 11th August, 2003 issued a letter of intent to the institution for starting post graduate courses in Ophthalmology. On 18th August, 2003 the Government of India issued an other letter of intent for starting post graduate courses in Pediatrics. On 1st October, 2003, the Government of India required the petitioner to undergo fresh inspection in respect of other six subjects. Petitioner accordingly requested that the earlier reports may be communicated so that necessary rectification of the mistakes may be done. While said matter was still pending consideration before the Government of India, the petitioner moved an application dated 21st October, 2003 for increase of intake of students in M.B.B.S. Course from 50 to 100 students. The application made by the petitioner, for increase of seats in M.B.B.S. Course was referred to the Medical Council of India for its recommendation under Section 10-A. The Medical Council of India forwarded repeated informations to the petitioner for getting the inspection done by the team of Experts. However, for some reasons, the inspection of the institution was delayed on the request of the petitioner.