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Sinhgad Technical Education Society & Another v. Union Of India & Others

Sinhgad Technical Education Society & Another v. Union Of India & Others

(Supreme Court Of India)

Writ Petition (Civil) No. 229 Of 2013 | 18-07-2013

We have heard learned counsel for the parties.

2. By a letter of permission dated 28th March,2 013, the Board of Governor in supersession of Medical Council of India has granted permission for starting M.S. (General Surgery) Course with an annual intake of two students per year as per available operative load.

3. The petitioners case is that the Board of governors should have granted permission for six students per year considering the operative load of the petitioner.

4. We have perused the compliance report of the petitioners dated 18th February, 2013 along with Annexures thereto and we are of the view that the decision of the Board of Governors to confine the permission to only two seats cannot be held to be wholly arbitrary or unreasonable calling for interference of this Court. The Writ Petition is dismissed. It will be, however, open to the petitioners to press for more than two seats for the next academic session and on such request being made it is for the Board of Governors to take an appropriate decision.

Advocate List
  • For the Appellants ------- For the Respondents --------
Bench
  • HON'BLE MR. JUSTICE A.K. PATNAIK
  • HON'BLE MR. JUSTICE M.Y. EQBAL
Eq Citations
  • 2013 (9) SCALE 669
  • (2013) 10 SCC 550
  • LQ/SC/2013/790
Head Note

Education and Universities — Medical Colleges/Education — Starting of new course/branch/seats — Permission for starting MS General Surgery Course with an annual intake of two students per year as per available operative load — Petitioners case is that Board of governors should have granted permission for six students per year considering the operative load of petitioner — Held, decision of Board of Governors to confine the permission to only two seats cannot be held to be wholly arbitrary or unreasonable calling for interference of Supreme Court — Constitution of India — Art. 136 — Interference with administrative decisions not warranted (Paras 2 to 4)