High Court of DelhiW.P.(C)/958/2018

Kpc Medical College And Hospital v. Union Of India And ANR.

2018-02-02Hon'Ble Ms. Justice Rekha Palli2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 958/2018 & C.M.Nos.4036-37.

KPC MEDICAL COLLEGE AND HOSPITAL ..... Petitioner Through Mr.J.S.Bhasin with Ms.Rashmi Priya & Mr.Nishant Shokeen, Advocates.

versus UNION OF INDIA AND ANR.

..... Respondent Through Mr.T.Singh Dev with Ms.Amandeep Kaur, Ms.Puja Sarkar, Mr.Tarun Verma, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 02.02.2018 Learned counsel appearing for respondent no.2/MCI, who appears on advance notice, submits that the order passed by the respondent no.2 is only a recommendation made by respondent no.2 and the final decision is yet to be taken on the said recommendation by the respondent no.1. He submits that the present petition is therefore pre-mature as a final decision is yet to be taken by respondent no.1/Union of India.

Learned counsel for the petitioner submits that aggrieved by the recommendation dated 28.11.2017 given by respondent no.2, the petitioner has already made a detailed representation dated 30.01.2018 to the respondent no.1, which is still pending for consideration with respondent no.1. Learned counsel for the

petitioner submits that for the present, he is confining his relief only for issuance of a direction to respondent no.1 to decide the petitioner's representation as per law within a time-bound manner. Learned counsel appearing for respondent no.1 prays for atleast two weeks time to decide the said representation, however keeping in view the timeline laid down by the Hon'ble Supreme Court for admission to Medical College, it is deemed appropriate to direct the respondent no.1 to decide the representation of the petitioner by passing a reasoned and speaking order within a period of ten days and a copy of the decision shall be communicated to the petitioner. In case the petitioner is aggrieved by the decision taken by respondent no.1/Union of India, it will open for them to take legal recourse as permissible under law. Needless to say that the present order is being passed without prejudice to the rights and contentions of the parties.

The writ petition along with all pending applications, is disposed of with the aforesaid directions.

A copy of this order may be given Dasti under the signature of Court Master.

REKHA PALLI, J FEBRUARY 02, 2018 sr