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Supreme Court of India 2016-04-18 allowed

Medical Council of India vs V.N. Public Health & Educational Trust & Ors

Bench: 2 — Dipak Misra

In Brief

The Medical Council of India (MCI) recommended disapproval of a trust's application to establish a new medical college because the Essentiality Certificate submitted was conditional rather than absolute—it stated that clinical materials would be made available within a stipulated timeframe, not that they were already available. The High Court directed the MCI to reconsider a revised certificate submitted later. The Supreme Court held that a conditional Essentiality Certificate is defective and incomplete under the Regulations. The prescribed statutory schedule for processing applications is binding and cannot be overridden by courts. The Court set aside the High Court orders and allowed the appeal, permitting the trust to apply afresh for a subsequent academic year in compliance with the regulatory framework."

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