LexMEDICAL COUNCIL OF INDIA versus CHRISTIAN MEDICAL COLLEGE VELLORE & ORS.
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A B [2016] 2 S.C.R. 872 MEDICAL COUNCIL OF INDIA v. CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. (Review Petition (C) Nos. 2159-2268 of 2013 etc.) APRIL 11, 2016 [ANIL R. DAVE, A.K. SIKRI, R.K. AGRAWAL, ADARSII KUMAR GOEL AND R. BANUMATIII, JJ.I Review: Review petition before Supreme Court for reca/li11g C decision passed in Christian Medical College Case -Held: Judgment delivered in Christian Medical College needs reco11sideralion - Reasons not stated in detail at this stage so that it does not prejudicially affect the hearing of the matters - For !he purpose. observations made in Sheonandan is relevant that if the reviell' berv:h D of the apex court were required to give reasons. the review bench would have to discuss the case fully and elaborately and expose what according to it constitutes an error in the reasoning of the original bench and would inevitably result in pre judgment of the case and prejudice ils re hearing- Jn Christian Medical College case E some binding precedents were not considered and more particularly there was no discussion among the 111e111bers of the bench before the pronouncement of the judgment - Therefore, review petition allowed and Christian Medical College Case recalled with direction to hear the matter afresh. F Christian Medical College Ve/lore & Ors. vs. Union of India & Ors. 2013 (7) SCR 908 : (2014) 2 SCC 305: Kamlesh Verma vs. Mayawati and Others 2013 (11) SCR 25 : (2013) 8 SCC 320; Union of India vs. Na111it Sharma 2013 (13) SCR 96 : (2013) 10 SCC 359; G Sheonandan Paswan vs. State of Bihar and others 1987 (1) SCR 702 : (1987) 1 SCC 288 - referred to. H Case Law Reference 2013 (7) SCR 908 20.13 (11) SCR 25 referred to referred to 872 Para 1 Para4 MEDICAL COUNCIL OF INDIA v. CHRISTIAN MEDICAL 873 COLLEGE VELLORE 2013 (13) SCR 96 1987 (1) SCR 702 referred to referred to Para4 Para4 CIVIL APPELLATE JURISDICTION: Review Petition (C) Nos. 2 I 59-2268of2013 and Review Petition (C) Nos. 2048-2157 of20 I 3 in Transferred Case (C) Nos. 98-I05, I07-I08, I IO-I39, 142, 144-145 of A 20I2& 1-5, 7-25,28-49,53,58-73, 75-76,& 107-108of2013. B WITH. Review Petition (C) No. 1956 of 2013 in T.C. (C) No. I 0 I of 2012 Fromthe Judgment and Order dated 18.07 .. 2013 of the Hon'ble c Court in T. C. (C) NO. 98 OF 20I2. Vikas Singh, Sr. Adv., Gaurav Sharma, Ms. Deepeika Kalia, Dhawal Mohan, Ms. Amandeep Kaur, Prateek Bhatia, Kapeesh Seth, Ms. Vara Gaur, Prashant Bhushan, Advs. for the Petitioner. Ms. Pinky Anand, ASG, K.K. Venugopal, Shashi Kiran Shetty, Dr. Rajeev Dhawan, Rakesh Dwivedi, B. Adi Narayana Rao, V. Giri, Subramonium Prasad, Ajit Kumar Sinha, Sr. Advs., Ms. Rekha Pandey, Ajay Sharma, R.K. Rathore, R.S. Nagar, Amit Sharma, S.S. Rawat. Karan Seth, Sanchit Kumar, Akash Jindal, (For D.S. Mahra), Sharan Thakur, Vijay Kumar Paradeshi, Ms. Fara Fathima, (For Ramesh Babu M.R.), Ranjit B. Raut, (For Ms. Bina Gupta}, Ms. Hetu Arora Sehi, Naveen R. Nath, Ms. L.M. Bhat, Krishna Srinivasan, E.R. Kumar, Ms. Geethi Aara, Abhinay, Ms. S. Lakshmi Iyer, Ms. Apoorva Garg, Ms. Sansriti Pathak, (For Mis. Parekh & Co.), Rakesh K. Sharma, Ms. lyangar Sheekharanjani A., Ms. Sangita Chauhan, B. Balaji, Utkarsh Srivastava, Ashmeet Singh, Sharan Thakur, Vijay Kumar Paradeshi, Ms. Fara Fathima, (For Dr. Sushi] Balwada), Ashwarya Sinha, Tara Chandra Sharma, Ms. Neelam Sharma, Rajeev Sharma, Nishant R. Katneshwarkar, Arpit Rai, V.G Pragasam, S. Prabhu Ramasubramanian, Abdhesh Choudhary, Rajiv Ranjan Dwivedi, C.S.N. Mohan Rao, A. Ramesh, Syed Ahmad Naqvi, Ms. Sh ii pi Gupta, Lakshmi Raman Singh, Guntur Prabhakar, Anil Kumar Mishra-I, Ravindra Keshavrao Adsure, K.K. Mani, Nimimesh Dubey, G.B. Sathe, P:N. Puri, Advs. for the Respondents. D E F G H 874 SUPREME COURT REPORTS [2016] 2 S.C.R. A The following Order of the Court was delivered B ORDER I. These review petitions have been filed against the judgment of this Court dated 18'" July, 2013 passed in Christian Medical College Vellore & Ors. Vs. Union of India & Ors. reported in (2014) 2 SCC 305. The review petitions were placed before a Three-Judge Bench and notices were issued on 23" October, 2013 and thereafter, it was brought to the notice of the Bench that Civil Appeal No.4060/2009 and connected matters involving an identical issue, had been referred to a Five-Judge Bench. Accordingly, on 21" January, 2016, these review petitions were C ordered to be heard by a Fiv
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