Setting aside an order of the Medical Council of India (represented by its Chairperson to the Board of Governors) rejecting approval for a medical college established by the Puducherry Government, the Madras High Court has remanded the matter back to the board for fresh consideration.

The court ordered that a re-inspection should be conducted within 10 days. After the exercise, the council may take a decision, considering the interest of the Puducherry Government and the people of the region and pass appropriate orders within one week thereafter.

Justice V. Dhanapalan was allowing a petition by the Indira Gandhi Medical College and Research Institute (Government of Puducherry), run by Perunthalaivar Kamaraj Medical College Society, Kathirkamam, seeking to quash the council's order dated July 15 and a consequent direction to grant permission to the petitioner to start the college for 2010-11.

The petitioner submitted that the board had disapproved the scheme for reasons including inadequate infrastructural facilities and clinical material.

The discrepancies pointed out were incorrect and suffered from non-application of mind. There was no government medical college in Puducherry to serve poor students. The government had spent a huge amount in establishing the institution. The impugned communication had given minor and frivolous reasons.

Mr. Justice Dhanapalan said the impugned communication suffered from legal infirmity. No opportunity of hearing was given to the college. This would certainly prejudice the petitioner's right. Hence, the impugned communication could not be sustained.

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