Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act 2006 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 (as C amended) - ss. 3(6), 3(6a) and 3(6b) - Validity of - Writ petition seeking direction to strike down ss. 3(6), 3(6a) and 3(6b) as null and void - Appellant-private medical colleges case that amendment to 2006 Act whereby it became mandatory for all the private medical institutions set up in the State to take affiliation from the Himachal D Pradesh University affected the autonomy of appellant no. 2- Maharishi Markandeshwar University, an independent and a full/- fledged University established under an independent special State Legislation - Dismissal of writ petition by the High Court - On appeal, held: Appellant no. I-college being a constituent of appellant no. 2-University, it cannot be compelled to take affiliation from another University-Himachal Pradesh University - Power of granting affiliation to colleges under the control of the concerned University, must vest with the respective University to which the college will be affiliated - It cannot be whittled down by the 2006 Act or amendments made thereto - Requirement of affiliation from another University even in respect of its constituent college, would be striking at the autonomy of the appellant no. 2-University and in any case beyond the purview of the subject of admissions and fixation of fee for which Act of 2006 has been enacted - Section 3(6a)(as amended), would impinge upon the autonomy of an independent University established under a separate State Legislation, thus, cannot be sustained as the same are unreasonable, ยท irrational and in conflict with the special State Legislation-2010 Act, under which appellant no.2-University, is established - Judgment of High Court is set aside - Maharishi Markandeshwar University (Establishment and Regulation) Act, 2010. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 417 |
Petitioner | Maharishi Markandeshwar Medical College And Hospital & Others |
Respondent | State Of Himachal Pradesh & Others |
SCR | [2017] 3 S.C.R. 417 |
Judgement Date | 2017-04-28 |
Case Number | 5198 |
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