DHANALAKSHMI SRINIVASAN MEDICAL COLLEGE Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner No. 1 - Dhanalakshmi Srinivasan Medical College and Hospital [hereinafter, "Petitioner college"] is a NABH and NABL accredited college affiliated with Tamil Nadu Dr. MGR Medical University, Chennai. Vide gazette notification dtd. 8/9/2016, it was granted recognition to run MBBS course with an intake of 150 students. Desirous to increase its admission strength to 250 students from academic year 2021-22, Petitioner college made an application on 2/12/2020 with Medical Assessment and Rating Board ["MARB"] of Respondent No. 2 - National Medical Commission ["NMC"]. The said request was processed, but on 31/12/2021, MARB recommended increase by 50 seats only, taking total strength to 200. Dissatisfied with partial acceptance, Petitioner college preferred first appeal before First Appeal Committee, which was dismissed vide order dtd. 21/2/2022 whereby the Committee not only disagreed with MARB, but also declined the request for increase of seats in entirety. As a result, original sanctioned intake of 150 seats was restored with observations pertaining to certain deficiencies in teaching faculty and occupancy of hospital beds. Petitioner college was also unsuccessful in second appeal before the Central Government, which, vide order dtd. 17/3/2022, upheld the order of First Appeal Committee.

(2.) Aggrieved with denial of request for increased intake, present petition has been filed impugning the afore-noted orders and seeking a direction to NMC to issue a letter of approval with respect to Petitioner college's application for 250 students per year from academic year 2021-22. PREVIOUS COURT ORDERS AND DIRECTIONS

(3.) On 30/3/2022, by way of an interim order, pending final adjudication of the petition, for academic year 2021-22, Petitioner college was permitted to participate in counselling rounds of NEET UG 2021-22 and admit 50 more students (total 200) in MBBS course [hereinafter, "interim order"]. It was however clarified that interim permission will remain subject to outcome of the present petition and will not, in any manner, preclude Respondents from initiating any action against Petitioners in respect of purported deficiencies in Petitioner college, after following due procedure, as per law.