Delhi High Court
Shree Narayan Foundation Trust vs Union Of India & Anr on 23 May, 2016
Author: Manmohan
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4787/2016 & C.M.No.19950/2016
SHREE NARAYAN FOUNDATION TRUST ..... Petitioner
Through Ms.Richa Kapoor with Mr.Ashish
Negi, Advocates.
versus
UNION OF INDIA & ANR ..... Respondents
Through Mr.Amrit Pal Singh, Advocate for R-
1.
Mr.T.Singhdev with Ms.Biakthan
Sangi and Mr. Tarun Verma,
Advocates for R-2.
% Date of Decision: 23rd May, 2016
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present writ petition has been filed challenging the recommendations
dated 31st December, 2015 and 1st March, 2016 whereby the respondent no.
2-MCI has disapproved the Scheme submitted by the petitioner for
establishment of a medical college in Bihar on the ground that the petitioner-
Trust did not possess 20 acres of land in its name at the time of making the
application. The petitioner also prays for a direction to the respondents to
allow the petitioner to start the new medical college w.e.f. 2016-17.
2. Ms. Richa Kapoor, learned counsel for the petitioner submits that
respondent no. 2-MCI has proceeded on a wrong premise that the land on
which the petitioner-Trust sought to establish the medical college is held by
three different legal entities.
3. It is the submission of learned counsel for the petitioner that Sri
Narayan Medical Institute and Hospital and Kameshwari Kumari owe their
existence to the petitioner-Trust and its bye-laws. She also emphasised that
the Sub-Divisional Magistrate had certified on 10th April, 2014 that the
petitioner owes 26 Bigha, 14 Kattha, 19 Dhur, 7 Dhurki or 25 acres of land
in its name.
4. However, learned counsel for respondent no.2-MCI states that the
present writ petition is premature as the impugned letters are only in the
nature of recommendation to the Union of India who has yet to take a final
decision. He has also shown to this Court the notification dated 26 th August,
2009, by virtue of which a time schedule has been laid down for processing
of any application for setting up a medical college.
5. This Court is in agreement with the submission advanced by learned
counsel for respondent no.2-MCI that the present writ petition is premature
as the respondent no.1-Union of India is yet to take a final decision on the
recommendation made by the MCI.
6. It is clarified that it is open to the Union of India to apply its mind
independently and take a final decision after taking into account the
input/recommendation provided by MCI.
7. Since learned counsel for the petitioner wishes to place on record
additional documents before the Union of India, she is permitted to do so
within a period of one week.
8. In the event the petitioner is aggrieved by the decision of Union of
India, it shall be open to the petitioner to file an appropriate proceeding in
accordance with the law.
9. With the aforesaid directions, the present writ petition and the
application are disposed of.
Order dasti.
MANMOHAN, J
MAY 23, 2016
KA
