UNION OF INDIA Vs. ALL INDIA CHILDREN CARE AND EDUCATIONAL DEVELOPMENT SOCIETY AZAMGARH
SUPREME COURT OF INDIA
UNION OF INDIA
ALL INDIA CHILDREN CARE AND EDUCATIONAL DEVELOPMENT SOCIETY, AZAMGARH
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Rajendra Babu, J. -
(1.)Leave granted in SLP (C) No. 13876/1999. This appeal is also heard along with Civil Appeal No. 3237/1999.
(2.)In Civil Appeal No. 3237/1999 the challenge is to an order made by the High Court in a writ petition filed assailing two orders dated 8-5-1998 and 22-5-1998 and seeking for a direction not to interfere with the peaceful establishment and running of a medical college at Azamgarh by the respondent-society.
(3.)The High Court took the view that there is a deemed approval of the Central Government in respect of the scheme submitted by the respondent-society in terms of Section 10-A(5) of the Indian Medical Council Act, 1956 [hereinafter referred to as 'the Act'] and on that basis the orders dated 8-5-1998 and 22-5-1998 stood quashed. The appellants contended before the High Court that the respondent-society does not fulfil the statutory pre-conditions required to be fulfilled before making an application to attract the deeming approval of Section 10-A(5) of the Act. They submitted that a scheme of making of an application purported to be under Section 10-A(2) of the Act by itself is not a proper and valid application because it has got to fulfil all the conditions requisite for the same. According to the appellants, there is no complete application at the relevant time and such an application came only in the year 1997 and that a mere proposal to establish a medical college would not amount to making of a scheme and that on 9-1-1998, the Executive Committee of the Medical Council of India [hereinafter referred to as 'the Council'] had recommended issuance of a letter of intent in favour of respondent-society to start a medical college at Azamgarh for 50 admissions annually. Thereafter, several inspections took place but there was no fulfilment of the requirements at all.
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