The main legal point established in the judgment is that the inspection, disapproval of renewal, and transfer of students were in accordance with the Establishment of Medical Colleges Regulation 1999, and the court found no grounds for interference.

ORDER :

G.R. Medical College, Hospital and Research Centre (‘Medical College’) has presented these two Writ Petitions inter alia challenging the disapproval of renewal of permission for 150 1ST year MBBS Seats for the academic year 2022-23; and the transfer of 150 students to different Medical Colleges in the State. They are heard simultaneously and disposed of by this common order.

2. W.P. No.17254/2023 is filed inter alia with following prayers :

“i. Issue a writ or order or direction in the nature of certiorari quashing the impugned order No.NMC/UGRENEWAL/2022-23/000686/045646/048165 dated 26/10/2022 issued by the Medical Assessment and Rating Board of the National Medical Commission – Respondent No.3 vide Annexure-N; and

ii. Issue a writ or order or direction in the nature of certiorari quashing the impugned order dated 08/12/2022 passed by the National Medical Commission – Respondent No.2 vide Annexure-Q; and

iii. Issue a writ or order or direction in the nature of certiorari quashing the impugned communication dated 27/02/2023 issued by the National Medical Commission vide Annexure-T; and

iv. Issue a writ or order or direction in the nature of certiorari quashing the impugned communication dated 06/01/2023 issued by the Government of India vide Annexure-T1; and

v. Issue a writ or order or direction in the nature of certiorari quashing the impugned order dated 28/07/2023 communicated by the Respondent No.3 – Medical Assessment and Rating Board of the National Medical Commission vide Annexure-X; and

vi. Issue a writ or order or direction in the nature of certiorari quashing the impugned communication dated 28/07/2023 issued by the Respondent No.3 – Medical Assessment and Rating Board of the National Medical Commission to the State Government, vide Annexure-X1; and

vii. Issue a writ or order or direction in the nature of mandamus, directing the Respondents No.1, No.2 and No.3 to consider the application dated 14/03/2023 issued by the petitioner institution for Renewal for Third Batch of MBBS Course with an intake of 150 seats for the academic year 2023-24 vide Annexure-U; and if necessary by causing a verification inspection and subject to the same, grant permission to admit students for the academic year 2023-24.”

3. W.P. No.22397/2023 is filed inter alia with the following prayers :

“i. Issue a writ or order or direction in the nature of certiorari quashing the impugned order No. NMC/UGI/2023-24/Offline dated 26/09/2023 issued by the Deputy Secretary Government of India in shifting the 150 students to other medical colleges in the state of Karnataka – Respondent No.1 vide Annexure-P; and

ii. Issue a Writ or Order or direction in the nature of Mandamus not to conduct counselling by the 6th Respondent with respect to 150 students who are studying in the petitioner college AY 2022-23 permit them to write the academic examinations being conducted by Rajiv Gandhi University (respondent No.7) in the petitioner college.”

4. Heard Shri. D.R. Ravishankar, learned Senior Advocate for the petitioners/Medical College; Ms. Nayana Tara, learned CGC for the Union of India; Shri. N. Khetty, learned Standing Counsel for NMC, [National Medical Commission] and Medical Assessment and Rating Board; Shri. Sudev Hegde, learned AGA for the State; Shri. N.K. Ramesh, learned Advocate for the KEA, [Karnataka Examinations Authority]; and Ms. Farah Fathima, learned Advocate for RGUHS, [Rajiv Gandhi University of Health Sciences].

5. Brief facts of the case are, on 13.12.2021, G.R. Medical College, Mangaluru was granted permission by the NMC to establish the Medical College for an intake of 150 students from the academic year 2021-22. On September 5 & 6, 2022, inspection was conducted by NMC. Based on the Inspection Report, the renewal of permission has been disapproved for the academic year 2022-23.

6. The main grievance of the College is that the inspection was conducted during the Onam festival and the same is in violation of Regulation 8(3)(1) of the establishme