LAWS(PAT)-2001-8-16

B N MANDAL UNIVERSITY Vs. SANJAY KUMAR SHUKLA

Decided On August 01, 2001
B N Mandal University Appellant
V/S
Sanjay Kumar Shukla Respondents

JUDGEMENT

(1.) BOTH the appeals are connected matters and as such they have been heard together and are being disposed of by this common order.

(2.) L .P.A. No. 630/2001 arises out of C.W.J.C. No. 3607 of 2001, which was filed by the writ 10 petitioner -respondents for a direction to the appellant. B.N. Mandal University (for short ';the University ';) to publish the result of final M.B.B.S. examination of the session 1990. -91, which was held from January to May, 2000.

(3.) THE material facts for disposal of the present appeals are that the private respondents in both the appeals are students of the Mata Gujri Memorial Medical College (for short ';the College ';). The said College was established in 1991 by the organisers as a private Medical College. They claim it as a minority institution. After establishment of the College, they moved 20 before the State Government for recognition and before the University for affiliation. As no decision was. taken by them, they moved this court by filing C.W.J.C. No. 5566 of 1993, which was disposed of with certain directions on 1.11.1994. The said judgment has been challenged by the Management of the said College before the Supreme Court by filing S.L.P. (Civil) No. 20624 of 1994, giving rise to Civil Appeal No. 2194 of 1996. On 13.2.1995, the Supreme Court directed 25 the College -authorities to approach the Central Government for grant of recognition/affiliation under the regulation framed by the Medical Council of India (for short ';the M.C.I. ';) and in case any representation is made to the Central Government within the time mentioned therein, the Central Government shall have it examined from the M.C.I. for its consideration and decision in accordance with the regulation framed by the M.C.f The M.C.I. shall within a period of 30 two months from the date of receipt of the reference to the Government of India inspect the institution under the regulation.