Supreme Court of India
Chintpurni Medical College and Hospital & Anr.v. State of Punjab & Ors. v. State of Punjab & Ors.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, we find that Condition No.(XI) is ultra- vires the provisions of the IMC Act and Regulations.
Judgment, page 22
From the headnote
Medical Council Act, 1956 – ss. 10A, 19 – Essential ity Certificate – Grant of, by State Government to the medica l college – Power of State Government to withdraw the Certific ate once granted – Permissibility of – Held: It is not permissible to allow any authority including a State Government which merely issues an Essentiality Certificate, to exercise any power of withdrawing the Certificate which could have the effect of terminating th e existence of a Medical College permitted to be established by the Central Government – State Government may not do either dir ectly or indirectly –
Authorities it was built on
- 1999 Dr. Preeti Srivastava and Anr. Etc. Etc. v. The State of Madhya Pradesh and Ors.
- 2002 Indian National Congress (i) v. Institute of Social Welfare and Ors.
- 2001 Harishankar Jain v. Sonia Gandhi
- 1995 Anirudhsinhji Karansinhji Jadeja and Anr. v. The State of Gujarat
- 2014 Dipak Babaria & Anr. v. State of Gujarat & Ors.
Where later benches applied it
- 2023 Baharul Islam & Ors. v. Indian Medical Association and Ors.
- 2021 V. N. Public Health and Educational Trust Etc. v. State of Kerala & Ors. Etc.
Of those, 1 distinguished · 1 referred to
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