Dismissed

Council for Agriculture Industrialization and Rural Employment through Its Secretary v. Union of India through Ministry of Health through Its Secretary and Ors.

Jharkhand HC20 Feb 2020WPC/4101/2014

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of a writ petition seeking approval for a new medical college. The court allowed the petitioner liberty to file a fresh application for the current session 2020-21.

What did the court decide?

Petitioner granted liberty to file a fresh application for session 2020-21 before the Medical Council of India.

Council for Agriculture Industrialization and… — Education and Admissions | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4101 of 2014

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Council for Agriculture Industrialization and Rural Employment a society registered under Societies Registration Act, having its office at 311 R.G. Complex, D.C. Chowk, Sector-9, Rohini, P.O. and P.S.-Rohini State-Delhi having its branch office at Sector-6B, P.O. & P.S. Sector-6, Bokaro Steel City, DistrictBokaro Jharkhand through its Secretary, Dinesh Kumar Dabas @ Dinesh, son of Shri Raj Singh, resident of 41, Swastik Kunj, Sector-13, Rohini, P.O. and P.S.Rohini, District-Delhi-110085.

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…… Petitioner

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Versus

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Union of India through Ministry of Health, Medical Education and Family Welfare, Government of India through its Secretary, New Delhi

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Medical Council of India through its Secretary, New Delhi

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State of Jharkhand through its Principal Secretary, Department of Health, Medical Education and Family Welfare, Ranchi.

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…… Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Abhay Kumar Mishra, Advocate For the Respondent-M.C.I. :Mr. Ajit Kumar, Advocate For the Respondent-State : Mr. Abhay Prakash, A.C to A.A.G.

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08/Dated: 20/02/2020

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Heard Mr. Abhay Kumar Mishra, learned counsel for the petitioner, Mr. Ajit Kumar, learned counsel for the respondent-Medical Council of India, Mr. Abhay Prakash, learned counsel for the respondent-State.

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Petitioner has preferred this writ petition for direction to grant approval to the petitioner’s institute/society who have applied for permission for opening a new medical college for the session 2014-15.

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Pursuant to last direction, now respondent-Medical Council of India has filed counter-affidavit wherein it has been averred that certain criteria were not fulfilled by this petitioner and that is why permission was not granted.

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Mr. Ajit Kumar, learned counsel for the respondent-Medical Council of India fairly submits that this is with regard to Session 2014-15 and that has already been over. He further submits that in view of further criteria of Hon’ble Supreme Court, if the petitioner applies afresh for the current session, Medical

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Council of India will consider in accordance with law without prejudice to the statement made in counter-affidavit filed on behalf of the Medical Council of India.

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In that view of the matter, Mr. Abhay Kumar Mishra, learned counsel appearing for the petitioner is also in agreement with if this writ petition is disposed of with such direction.

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In that view of the matter, this writ petition is disposed of with liberty to the petitioner to file a fresh application before the Medical Council of India for the current session 2020-21 and if such application is filed by the petitioner, the Medical Council of India will consider as per current criteria and regulation e.t.c. without prejudice to the earlier observation made in the counter-affidavit.

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The writ petition stands disposed of. Accordingly, I.A. No. 4209 of 2014 also stands disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Satyarthi/

Council for Agriculture Industrialization and Rural Employment through Its Secretary v. Union of India through Ministry of Health through Its Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Council for Agriculture Industrialization and Rural Employment through Its Secretary v. Union of India through Ministry of Health through Its Secretary and Ors.

Case brief

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What did the court decide?

What the court decided

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