DM WAYANAD INSTITUTE OF MEDICAL SCIENCES versus UNION OF INDIA AND ANOTHER

DM WAYANAD INSTITUTE OF MEDICAL SCIENCES versus UNION OF INDIA AND ANOTHER

Supreme Court under Article 32 is not intended for examining challenges to administrative orders made by statutory authorities where no violation of fundamental rights is alleged; the right to establish educational institutions and seek regulatory permissions is not a fundamental right and cannot be agitated directly before this Court under Article 32. The appropriate remedy lies before the High Court or other forums as per law.

Parties
Petitioner: DM Wayanad Institute of Medical Sciences; Respondent: Union of India; Respondent: Medical Council of India; Petitioner: Kapil Sibal; Petitioner: V. Giri
Jurisdiction
India
Judgment Date
23 July 2015
Procedural Posture
Writ Petition (civil) / Final Disposal
Outcome
writ petitions dismissed
Legal Topics
Maintainability of Writ Petition Under Article 32, Fundamental Rights, Right to Establish Educational Institutions, Regulatory Approval for Medical Colleges
Constitutional Law Education Law Administrative Law Maintainability of Writ Petition Under Article 32 Fundamental Rights Right to Establish Educational Institutions Regulatory Approval for Medical Colleges

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

DM Wayanad Institute of Medical Sciences

Petitioner

Union of India

Respondent

Medical Council of India

Respondent

Kapil Sibal

Petitioner

V. Giri

Petitioner

Procedural Posture

Writ Petition (civil) / Final Disposal

Legal Issues

  1. 1 Whether writ petition under Article 32 is maintainable to challenge refusal by Medical Council of India and Union Government to renew approval for medical colleges
  2. 2 Whether the right to establish educational institutions is a fundamental right under Article 19(1)(g)
  3. 3 Whether Supreme Court should interfere with administrative orders not violating fundamental rights

Ratio Decidendi

Supreme Court under Article 32 is not intended for examining challenges to administrative orders made by statutory authorities where no violation of fundamental rights is alleged; the right to establish educational institutions and seek regulatory permissions is not a fundamental right and cannot be agitated directly before this Court under Article 32. The appropriate remedy lies before the High Court or other forums as per law.

Court Disposition

writ petitions dismissed

Orders

  • Petitioners may agitate their grievances before appropriate forum, including the High Court having jurisdiction to deal with the matter