SANTOSH TRUST Vs. NATIONAL MEDICAL COMMISSION

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India assails communications dtd. 2/9/2022, 3/9/2022 and 31/8/2022 [hereinafter collectively referred to as "Impugned Letters"] issued the Respondent No. 2/ Medical Assessment and Rating Board ["MARB"] of Respondent No. 1/ National Medical Commission ["NMC"], whereby, in response to applications seeking increase in seats in certain post-graduate medical courses in Petitioner No. 2/ Santosh Medical College and Hospital ["Petitioner-College"], MARB has: (i) Disapproved increase in seats in MS (ENT) from 4 to 7 Seats; (ii) Disapproved increase in seats in MS (Ophthalmology) from 5 to 8 Seats; and (iii) Partially allowed increase in seats in MD (Respiratory Medicine) from 2 to 4 instead of 2 to 5.

(2.) Petitioner-College has been offering various UG and PG courses since 1995. In November 2021, it applied to NMC for starting a new post-graduate course as well as for increasing seats for certain PG courses, under Sec. 26(1)(a)(b), 26(1)(c) and 28(1)(f) of the National Medical Commission Act, 2019. Surprise inspections were carried out by assessors (separately for each course); assessors' reports found the college to be adequate in certain aspects. Petitioners state that no other inspection was carried out and no hearing was held. Later, on the basis of such assessors' reports, MARB passed the Impugned Letters. The status of application/request for increase in seats is as follows:

(3.) Mr. Vikas Singh, Senior Counsel for Petitioners, prays for urgent relief, as counselling for academic year 2022-23 has already begun. He argues that the second round of counselling begins on 14/10/2022, and if relief is not granted by such time, the student intake of Petitioner-College will be adversely impacted and relief sought would be rendered infructuous.