SRINIVASA EDUCATIONAL ACADEMY Vs. UNION OF INDIA

JUDGEMENT

(1.) This is the second round of litigation. The earlier round pertains to the challenge thrown by the petitioner Institution to the cancellation of the Essentiality Certificate which resulted in setting aside of the order of cancellation of the Essentiality Certificate.

(2.) It appears that the petitioner Institution applied to the National Medical Commission (N.M.C.) for establishment of a new Medical College. The application was accompanied by a Consent of Affiliation (C.O.A.) which was granted by Dr. Y.S.R. University of Health Sciences issued on 6/6/2023 and was to remain valid till 6/6/2026 i.e., for a period of three (3) years. The application with the N.M.C. was filed by the petitioner Institution in January, 2025 which came to be rejected by the N.M.C. on 14/8/2025 inter alia on the ground that C.O.A. dtd. 6/6/2023 submitted by the college having been used by the applicant for academic year 2024-2025 could not be used for purpose of academic year 2025-2026 in terms of Clause 9 of the Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses & Assessment and Rating Regulations, 2023 (for short, "the Regulations").

(3.) Learned counsel for the petitioner Institution does not deny the fact that Clause 9 of the Regulations which has been relied upon by the N.M.C. for purposes of rejection is in place. However, it is stated that an appeal was preferred on 28/8/2025 against the said rejection order by the petitioner Institution which is pending before the Appeals Committee of the N.M.C. In the interregnum, the petitioner Institution claims that a fresh application was moved with Dr. N.T.R. University of Health Sciences, which was pleased to accord a fresh C.O.A. on 30/8/2025. It is stated that since the matter is still before the appellate authority, the fresh C.O.A. granted by the University could be taken into consideration while disposing of the appeal.