Mon. Nov 30th, 2020

Kpc Medical College And Hospital vs Union Of India And Anr. on 21 May, 2018

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1. The Petitioner, a medical college, has preferred the present
petition under Article 226 of the Constitution of India inter alia
seeking quashing of the Respondent No. 1/Union of India’s decision
dated 28.02.2018 (hereinafter referred to as the “Impugned
Decision”), whereby it has rejected the Petitioner’s scheme for
starting a post-graduate course in MS (General Surgery) with an
intake of 14 students. The Petitioner has also sought quashing of the
Respondent No. 2/Medical Council of India’s recommendation dated

W.P.(C) 2795/2018 Page 1 of 28
28.11.2017 (hereinafter referred to as the “Impugned
Recommendation”), whereby the Respondent No. 2/Medical Council
of India (hereinafter referred to as “MCI”) has recommended
disapproval of the Petitioner’s aforementioned scheme on various
grounds, including that one of its faculty members did not have the
requisite teaching experience to hold the post of ‘Professor’ in the
department of MS (General Surgery). The Petitioner also seeks a
direction to the Respondent No. 1 to issue a Letter of Permission
(hereinafter referred to as “LOP”) to it, for starting a post-graduate
course in MS (General Surgery) with an intake of 14 students for the
academic session 2018-19.

Source: Indian Kanoon

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