PEOPLES COLLEGE Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution takes exception to the order dtd. 1/2/2022 whereby the First Appellate Authority under the National Medical Commission Act, 2019 (hereinafter called as 'NMC Act') has reduced the seats from 07 to 05. The orders passed by Medical Assessment and Rating Board (hereinafter referred to as 'MARB') in compliance of minutes dtd. 28/1/2022 on 2/2/2022 and 9/2/2022 (Annexures P/4 and P/5 respectively) are also called in question.

(2.) The admitted facts between the parties are that the petitioner-institution preferred an application seeking enhancement of seats in M.S. (Orthopedics) Course from 01 to 09. As per Sec. 26 of the NMC Act, the Statutory Authority i.e. MARB by communication dtd. 29/10/2021 (Annexure P/1) approved seats from 01 to 07 for academic year 2021-2022. Thus, petitioner got approval of seven seats against his prayer of nine seats. Aggrieved, petitioner preferred first appeal before the Appellate Authority on 27/12/2021 (Annexure P/2).

(3.) Shri Amal Pushp Shroti, learned counsel for the petitioner by placing reliance on the prayer of the appeal memo urged that the appeal was confined for approval of two seats i.e. from 07 to 09 in the petitioner institution.