MEDICAL COUNCIL OF INDIA versus CHRISTIAN MEDICAL COLLEGE VELLORE & ORS.

MEDICAL COUNCIL OF INDIA versus CHRISTIAN MEDICAL COLLEGE VELLORE & ORS.

The judgment delivered in Christian Medical College Vellore requires reconsideration because some binding precedents were not taken into account and there was no discussion among the Bench members before pronouncement. Accordingly, the review petitions are allowed and the judgment is recalled, with directions for a fresh hearing.

Parties
Petitioner: Medical Council of India; Respondents: Christian Medical College Vellore & Ors.
Jurisdiction
India
Judgment Date
11 April 2016
Procedural Posture
Review Petition (civil) / Order on Review, Judgment Recalled and Case to Be Heard Afresh
Outcome
Review petitions allowed; judgment recalled; matters to be heard afresh.
Legal Topics
Review Jurisdiction, Recall of Supreme Court Judgment, Binding Precedent, Bench Procedure
Constitutional Law Administrative Law Review Jurisdiction Recall of Supreme Court Judgment Binding Precedent Bench Procedure

Case Brief

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Parties

Medical Council of India

Petitioner

Christian Medical College Vellore & Ors.

Respondents

Procedural Posture

Review Petition (civil) / Order on Review, Judgment Recalled and Case to Be Heard Afresh

Legal Issues

  1. 1 Whether the Supreme Court's judgment in Christian Medical College Vellore & Ors. vs. Union of India & Ors. requires reconsideration under the Court's review jurisdiction
  2. 2 Whether binding precedents were not considered and proper procedure among the Bench was not followed

Ratio Decidendi

The judgment delivered in Christian Medical College Vellore requires reconsideration because some binding precedents were not taken into account and there was no discussion among the Bench members before pronouncement. Accordingly, the review petitions are allowed and the judgment is recalled, with directions for a fresh hearing.

Court Disposition

Review petitions allowed; judgment recalled; matters to be heard afresh.

Orders

  • Judgment dated 18th July, 2013 recalled.
  • Matters directed to be heard afresh.