RADHA DEVI JAGESHWARI Vs. NATIONAL MEDICAL COMMISSION

JUDGEMENT

(1.) Heard the parties.

(2.) All the five writ petitions as above were heard together as the issue involved is common to all. The petitioners in C.W.J.C. No. 7058 of 2022 and C.W.J.C. No. 8548 of 2022 are petitions filed on behalf of Medical College and Hospital through Treasurer and by the Society namely Jageshwari Memorial Institute of Speech and Hearing through its President. In both the writ petitions the prayer is to quash and set aside the order dtd. 18/4/2022 issued by the Medical Assessment And Rating Board (hereinafter called as M.A.R.B.).

(3.) The other three Writ Petitions have been filed by the students of the Radha Devi Jageshwari Memorial Medical College and Hospital praying for directing the State Government to take over the management of the College and directing the respondent no. 3 to accommodate the petitioners to some other Government Medical College. Almost similar prayer has been made in all the three cases. Vide order dtd. 14/6/2022 the impugned order was stayed by the Coordinate Bench of this Court on being prima facie satisfied with the submission that in terms of Sec. 26 (I) (f) of the NMC Act of 2019, the MARB could only have directed to stoppage of admission, but was not competent to direct for cancellation of admission already made after counselling. The case was thereafter heard finally by this Court. Before adverting to the issues, it would be appropriate to notice certain facts which have come on record.