LAWS(MPH)-2022-1-16

L.N. MEDICAL COLLEGE Vs. UNION OF INDIA

Decided On January 03, 2022
L.N. Medical College Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution takes exception to the order of National Medical Commission (in short 'NMC') dtd. 10/1/2022 whereby, the request of the petitioner institution for increase of MBBS seats from 150 to 250 is turned down. It is prayed that this Court may issue appropriate writ/direction to the respondent- NMC to issue a formal approval letter of increase in intake of their seats for the MBBS -UG Course from 150 to 250 for the current academic year 2021-22 by accepting the application filed by the petitioner as complete and meeting the requirements.

(2.) Draped in brevity, the relevant facts for adjudication of this matter are that the petitioner Medical College and Hospital preferred an application seeking permission to increase the MBBS seats from 150 to 250. The NMC obtained an inspection report and thereafter, by 'letter of disapproval' dtd. 10/1/2022, rejected the prayer of increase of seats in MBBS course.

(3.) Shri Siddharth Radhe Lal Gupta, learned counsel for the petitioner, by placing reliance on the relevant portions of Sec. 28 and 29 of the NMC Act submits that the NMC was obliged to take a decision regarding approval or disapproval for increase of seats by taking into account the criteria mentioned in Sec. 29 of the said Act. The impugned order is not based on relevant criteria and is based on an extraneous reason and consideration and therefore, the impugned order is passed without jurisdiction. Thus, the remedy of statutory appeal is not a bar. Reliance is placed on Ram and Shyam Company v. State of Haryana and Ors. [AIR 1985 SC 1147], UP. State Spinning Co. Ltd. v. R.S. Pandey and Ors. [(2005) 8 SCC 264], Cipla Ltd. and Ors. v. Union of India (UOI) and Ors. [], Manpower group Services India Pvt. Ltd. v. Commissioner of Income Tax [2020 SCC OnLine Del 1844] and Radha Krishan Industries v. State of H.P. [(2021) 6 SCC 771].