TIRUPATI BALAJI EDUCATIONAL TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioners aggrieved against the communications dtd. 13/3/2020 (Annex. 8 to 19) issued by the then Board of Governors in supersession of Medical Council of India, whereby, the representations made by the petitioners dtd. 17/2/2020 seeking increase in the allotted seats for various Post Graduate Courses have been rejected and seeking a direction to the respondents to allot 96 seats in all qua 12 departments as per its eligibility and application dtd. 29/5/2019.

(2.) The petitioner no.1 is a registered Trust and petitioner no.2 is a private medical college run by the petitioner no.1 since the year 2014. Applications vide public notice dtd. 21/2/2019 (Annex.1) were invited for starting/increasing seats in Post Graduate Courses (Broad Specialty) under Sec. 10 (A) of the Indian Medical Council Act, 1956. Pursuant to the said public notice dtd. 21/2/2019, the petitioner no.2 " College submitted applications on 29/5/2019 for grant of permission to open new and higher courses of study in 12 different specialties as under:

(3.) The petitioner college was subjected to inspection for examining the capacity for starting the Post Graduate Courses applied by it. Vide communication dtd. 8/1/2020, the Principal of the College was directed to appear before the then respondent no.2 on 13/1/2020 to furnish explanation regarding appointment of 05 faculty members as referred to in the communication. In response thereto, the authorized representative of the petitioner college appeared and submitted its explanation on 13/1/2020. After providing personal hearing to the representative of the petitioner college, the then respondent no.2 issued separate communications dtd. 11/2/2020 (Annex.5) and granted permission for admission to 12 different Post Graduate Course for specific number of seats. The course-wise seats as under were allotted: