Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956 - Medical Council Act 1956 - ss. 11 and 10A - The Opening of a F New or Higher Course or Study or Training (Including a Post-Graduate Course of Study or Training) and Increase of Admission Capacity in any Course or Study or Training (Including a Post-Graduate Course of Study or Training) Regulations 2000. Whether needs recognition under Medical Council Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Education/Educational Institutions:Medical College - Admission capacity - Increase in- Whether needs recognition under Medical Council Act,1956 - Held: Under the scheme of the Act, recognition isfor the course and institution and for admission capacityonly permission u!s. 1 OA is required - The Act does notprovide for recognition of the admission capacity in arecognized college for a recognized course - TheRegulations also do not contemplate such requirement -Therefore, in the present case, denial of increase inadmission capacity on the ground that existing capacitywas not recognized, is without any legal basis - MedicalCouncil Act, 1956 - ss. 11 and 10A - The Opening of a New or Higher Course or Study or Training (Including aPost-Graduate Course of Study or Training) and Increaseof Admission Capacity in any Course or Study or Training(Including a Post-Graduate Course of Study or Training)Regulations; 2000.Constitution of India, 1950 - Att. 32 - Writ petitionchallenging order of Medical Council denying increase inadmission capacity of medical college - Maintainability of- Held: In view of the fact that in previous litigation between the parties, the Supreme Court had directed theMedical Council to take decision on the basis of theinspection report whereby the petitioner-College was foundto satisfy all the requirements for the increase claimed,only Supreme Court could have entertained the petitioner - Moreover, the case does not involve disputed questionsof fact - Hence, the petition was maintainable. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2015 INSC 551 |
Petitioner | Sree Balaji Medical College And Hospital And Another |
Respondent | Union Of India And Another |
SCR | [2015] 7 S.C.R. 566 |
Judgement Date | 2015-08-06 |
Case Number | 306 |
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