SOCIETY FOR ADVANCEMENT OF ENVIRONMENTAL SCIENCE THRU Vs. UNION OF INDIA THRU PRIN SECY MINISTRY OF HEALTH & 3 ORS

JUDGEMENT

(1.) Heard Mr.S.K.Kalia, learned Senior Counsel assisted by Mr.Rajat Rajan Singh, learned counsel for the petitioner, Mr.Ajay Kumar Singh, learned Central Government Standing Counsel, Mr.Gyanendra Kumar Srivastava, learned counsel for the Medical Council of India as well as Dr.L.P.Mishra, learned Advocate alongwith Mr.Sharad Pathak, learned Advocate and Mr.Sidharth Dhaon, learned Advocate as Intervenor.

(2.) The petitioner has assailed the order dated 15 June 2015 issued from the Ministry of Health & Family Welfare, Government of India, whereby the petitioner's scheme for establishment of a new Medical College at Lucknow for the Academic Year 2015-16 has been disapproved on the basis of recommendation of Medical Council of India (in short M.C.I.). The petitioner is a Society Registered under the Societies Registration Act 1860. It has proposed to establish a Medical College at Lucknow in the name of "Dr.M.C.Saxena College of Medical Sciences, Lucknow" for imparting medical education. The Central Government has enacted the Indian Medical Council Act 1956 (in short Act 1956) to prescribe standards of post graduate medical education and for the guidance of the Universities alongwith its other objects.

(3.) Section 10-A of the Act 1956 deals with the provisions with regard to permission for establishment of new Medical College. We quote it as under:-