Board of Governers in Supersession of Medical Council of India Vs. Vydehi Institute of Medical Sciences & Research Centre & ANR.

[Civil Appeal Nos.7755 - 7756 of 2012]

O R D E R

1. Application for impleadment is rejected.
2. These appeals have been filed against the impugned judgment and order of the High Court of Karnataka at Bangalore in Writ Appeal No.3957 of 2012 and Writ Petition No.27726 of 2012, dated 11.09.2012. The High Court, in Writ Petition No.27726 of 2012, has directed the Medical Council of India to grant permission to respondent-Vydehi Institute of Medical Sciences and Research Centre to increase its intake of students for M.B.B.S. Course upto 250, even for the current academic year 2012-2013.
3. While issuing notice, by an interim order dated 21.09.2012, we have stayed the impugned judgment and order for one week. Vide our order dated 29.10.2012, while granting leave, the aforesaid interim order was further continued, till disposal of the appeals.
4. Heard learned counsel for the parties to the lis.
5. We have carefully gone through the impugned judgment and order of the High Court. In the facts and circumstances of the present case, we are of the opinion that the High Court ought not to have directed for increase of seats upto 250 for the academic year 2012 - 2013. 6. Accordingly, we set aside the impugned judgment and order passed by the High Court. The appeals are allowed accordingly.

No order as to costs.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI;

JANUARY 04, 2013

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