HJQH COURT OF JUDICATURE CHHATTiSGARH : BJLASPUR (DIVISSQN BENCH) CORA.M : Hon'hje Shrj S.R. Nayak, CJ Hon'bSs Shri D.R. Deshmukh, J. Wnt PetJtton No. 3348 OF 2QQ4 PETSTSONER RESPONDENTS 1 Subodh Pawar, aged 45 years, S/o Shri Narayan Rao Pawar, Advocate, R/o Gurur, District - Durg (C.G.) Versus s. Unjon of 'ndia, Through • Secreiary, Departmeni of Heaith, Famify Wetfare, Governmentof india, NewDeJhi. State of Chhattisgarh Through : Principai Socretary, Department of HeaJth apd Famjly Weifare, Govt. ofChhattisgarh, Mantraiaya D.K.S. Bhawan, G.E. Road, Raipur (C.G.) Medlca! C-Qunc!! of Jndia Aiwan - E- Qalib Kot'a Oppos'te to Muta Sundari C-oIJege For Women New Deihi. The K4anonite Medica! Board Regd. No. 82 of 1950-1961 Dhamtari Tah. & Distt. Dhamtari, Through:- President, Manonite Medica! Board Dhamtari Tah. & Distt. Dhamtari (C.G.) Chrtst'an Medica! CQHegs and HQspitaS Through : The Registrar Chri.stia" Merijcal Coftege, " Raipur Road, Dhamtari - 483773, Tah. & Distt. Dhamtari (C.G.) Board of Seconda"/ Education Chhattisgam, Raipur (C.G.) Regulatory C-QmmJssiQn Constiiuted underthe Cnhatiisgam Nizi Kshetra Vjshwavidyajaya (Sthapna Aur ViRlyamar!) Adhiniyam 20Q2. ' •2-- «fs 8. C/Q -Secretery, Departmsnt of H'gher Educaiion Maniraiaya, D.K.S, Bhawan MantraJaya, Ralpur (C.G.) Uniyerslty Qrant CommissJQn Bahadur Snah Jafar Marg, New Deihi 110002 present: Shri V.G. Tamaskar, iearned counseS for the petitioner. Shri Bhjshma Kinger, jearned counse! for respondent NQ.1/UniQ"Qf!ndia Shri Prashant Mishra, Jearned Add!. A.Q. with -Shr' Utkarsh Verma, iearned Dy. Q.A. for the State/respondent No.2. Shri Ranbir Singh, !earned CQURSQI for respondent No.3 Shri P. Dlwakar, Searned -Sr. Advocate with Ms. Sharmiia Singhai, !earned counseS for rsspondents 4 & 5. \. QRAL QRDER (Passed on 1Qtn of January 2008) The fo!!owing Qrder of the C-ourt was passed by S.R. Nayak, CJ: Thjs writ petition is fiSed as a Pubiic !nterest Litjgatjon by the petitioner ciaiming to be a prp bono pubiic character and that he daims that he has fited this writ petjtjon to espouse the pub!ic cause. (2) The aileyatton in the writ petltion is that the 5th respondent is a bogus medicaS coSSege run by the 4th respondent-management. It is a!!eged that without seeking permissson from the Medica! Councj! of Sndia/UnJon of 'ndia and other pubitc authorities as required in terms of Savv, they have estabiished the 5 respondent -medical coilege and admitted the students collectlng huge sums of money. Qn ser/ice of not'ce, respondents 4 & 5 have fi!ed their repiy/statement of objection. What emerges from the p!eadings of the parties as on today is ths fact - 3- L^ that respondents 4 & 5 have yet to obtain permission from ths Medicai C-ounci! of india/Un'QR of india and other pub!ic authorities. !t is "eed'ess to stete that un!sss respondents 4 & 5 secure per.mjssion/af{1!iatJQn from the pubiic authQ"ties, particu!ar!y permission from the MedicaJ Cound! of 'ndia/Un'on of Sndia which is a conditJQn precedent to estab!ish a medica! coHege, respondsnSs 4 & 5 cannot procesd to admit the students to the medica! co!tege. !n that vie"/ of the matter, W9 dispose of this wr't petition directing respondents 4 & 5 not to admit the students to any med.'ca! coursss run by jt un!ess and untii it obtains permissjon frQm the Medica! Councj! of india/UniQn of Sndia and other pub!ic authorities, in accordance with !aw. Respondents 1 to 3 are also dlrected to see that respondents 4 & 5 do not admit the students to 5th respondent-medicai coliege unless respondsnts 4& 5 secure permisslQn /affiHation from the Msdica! Counci! of !ndia and other pub!ic authorities. No costs. Sd/- a"'ef Justice Sd/- Dilip Raosaheb Deshmukh Judge %