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Supreme Court of India

HIND CHARITABLE TRUST SHEKHAR HOSPITAL PVT., LTD. versus UNION OF INDIA & ORS.

Decided
25 September 2014
Judges listed
ANIL R. DAVE, VIKRAMAJIT SEN, UDAY UMESH LALIT (as the open data lists them; this may not name the whole bench)
Disposal
Disposed off

Citations

Official
[2014] 14 S.C.R. 1367 · 2014 INSC 646
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After hearing the learned counsel for the parties we deem it appropriate to issue following clarifications with regard to our earlier order dated 18 September, 2014. These clarifications shall be read into the said order as if they were always part thereof : -

p. 1369, margin E

1. The order dated 1 ath September, 2014 shall also apply to cases where colleges or institutions were seeking increase in intake capacity and in the current year have been denied permission to admit students after first or second or third or forth renewal/inspection. In our view such institutions where Renewal/Inspection with respect to increase in capacity were conducted in the present academic year are also entitled to the benefit underthe order dated 1 ath September, 2014.

p. 1369, margin F

'f37b. ; \,'SUPREME COURT REP-ORTS ~)~[2ci14]14

p. 1370

s:c.R.

p. 1370

i[~i!-'li ::1~::-1. ;,:·;;; ;; < ~- ;~; J ' .. , 2. We also 'clarify that f~es charg~able fr~rn the students admitted pursuant to our order dated 1 sth, September, 2014 shall be atthe same rates as applicable.to:the,students in . Government medical colleges in respective Stafos'and such --.,1,..-·:·-.~····--:---,- -.-··~,,.,,;

p. 1370

.. · . .-·· -.-. fees.shall be' at the same levels as that ofthe Government ffiedic~i'C:611eiiesti1i the students'so.admitteCI i>ass'ouf

p. 1370, margin A

trorri . the private medical colleges or institutions. ". . . '." •:•: ;"'-•i'.llJ"~"-~' ~ '~· ,~~ "''. .3.,0ur'order shall 'also·apply to all similarly'situated institutions irrespective of the fact whetherany petitions were

p. 1370, margin A

or, are pending in this Court or in any of the High Courts.or even ifthey had riot approached any court at all. This order . shall also apply even in caseswhere there were orders of stay in favour of ttie Medical Council of India restraining the colleges . fronl"admitting students'forthe current academic session. . .

p. 1370, margin A

4.Th~ o~de~ ~hall not applY to 'eolleg~s o~ institutions ~hich have been disqualified by the Medical Council of India and/or

p. 1370, margin C

the Central Government and have been prohibited from making . . . any admissions for thecurrent academic year 2014-15. '

p. 1370, margin C

5. In cases where tWo separate lists are prepared and sent by the State agencies one relating to State quota and the· other relating to management quota in private institutions, we clarify that for the current academic year there shall be oniy one list and that shall be the "State quota" alone. There shall not be any management quota list to be sent to the private collegeser institutions taking the benefit under.our order dated · ~ 18 September, 2014 .. The Management quota shall also be be filled through the State list and the fees chargeable fo~ the management quota shall also be charged at the same levels arid rates as applicable to State quotaJist. ',. . : . . ' '

p. 1370, margin C

- .. '··, ~

p. 1370, margin E

6. We further clarify that private institutions taking benefit under our order dated .1 sth September, 2014 shall have to· . take students only from the State:agencies and at fees chargeable for students in Government medical colleges as stated above, regardless of their status or claim as Minority Institutions or Deemed Universities.

pp. 1370–1371, margin G

W.P. (C\836/2014

p. 1371, margin A

Learned counsel for the petitioner seeks permission to withdraw the petitior:i. Permission i.s granted to withdraw the same.

p. 1371, margin A

The Writ Petition is, accordingly, dismissed as withdrawn.

p. 1371, margin B