Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-09-12 disposed

Varunarjun Trust and Anr vs Union of India and Ors

Bench: 3 — A.M. Khanwilkar

In Brief

A medical college challenged the Ministry of Health's order debarring it from admitting students for two years and authorizing encashment of a Rs. 2 Crore bank guarantee. Although the Ministry's Hearing Committee found the college's explanations regarding faculty and resident shortages "plausible," it rejected them for lack of documentary proof. The Supreme Court held that while an Oversight Committee's opinion was relevant, it was not binding on the final administrative authority. However, the Court found that mere absence on inspection day did not prove the college lacked required staff on its payroll. The Court directed a fresh inspection within three months, allowing continued student studies pending final decision, and froze the bank guarantee pending Ministry's determination within one month of MCI's recommendation."

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