The NMC's disapproval of a medical college's admissions is binding, and students cannot claim rights to examinations if the college lacks the necessary recognition.

JUDGMENT

P.S.DINESH KUMAR, J. -

This writ petition is presented by students admitted to I year MBBS in G.R. Medical College, Mangaluru for the academic year 2022-23 inter alia with following prayers:

"i. Issue a writ in the nature of mandamus and direct the Respondent authorities to permit the Petitioners to take up the first year MBBS examinations for academic year 2022-23 in Respondent No.8 medical college scheduled to commence from 16/11/2023 vide notification dtd. 5/10/2023 (Annexure-K);

ii. Issue a writ in the nature of certiorari and quash the communication dtd. 28/7/2023 (Annexure-D) issued by Respondent No.4 to Respondent No.2, and direct the Respondent Nos. 3 and 4 to approve the admissions of the Petitioners to the Respondent No.8 medical college for the academic year 2022-23 and for subsequent years until the completion of the MBBS course in Respondent No.8 medical college."

2. Heard Shri. Dhyan Chinnappa, learned Senior Advocate for the petitioners, Shri. S. Rajashekar, learned CGC for respondent No.1, Sri. N. Khetty, learned Advocate for respondents No. 3 & 4, Sri. Sudev Hegde, learned AGA for the respondents No. 2 & 5, Sri. N.K. Ramesh, learned Advocate for respondent No.6, Ms. Farah Fathima, learned Advocate for respondent No.7 and Shri. D.R. Ravishankar, learned Senior Advocate for respondents No. 8.

3. During the course of hearing, it was submitted by Shri. Dhyan Chinnappa that petitioners would not press the first portion of prayer clause (2) namely, the prayer to quash communication dtd. 28/7/2023 (Annexure-D) by the NMC [National Medical Commission].

4. The NMC has conducted a surprise inspection of G.R. Medical College on September 5 & 6, 2022 and found several deficiencies. After issuing a show cause notice and hearing the College, it has disapproved the renewal for the academic year 2022-23. Notwithstanding the same, the G.R. Medical College has admitted 150 students for the academic year 2022-23.

5. The NMC, by its communication as per Annexure-D has requested the Principal Secretary, Health and Family Welfare, Government of Karnataka, to examine the issue at his end and to ensure strict compliance of NMC's order not to admit students for the academic year 2022-23. Though the petitioners have sought for quashing of this communication, as noted hereinabove, Shri. Dhyan Chinnappa has given up the said prayer. The remaining prayer is to direct the respondents to permit the petitioners to take up first year MBBS examination for the academic year 2022-23 in G.R. Medical College.

6. G.R. Medical College has challenged NMC's order dated October 26, 2022, disapproving the renewal of permission for the academic year 2022-23 in Writ Petition No.17254/2023. We have dismissed the said writ petition for the reasons recorded therein. The resultant position is that the G.R. Medical College does not have the recognition from the NMC for academic year 2022-23. Therefore, petitioner's prayer to permit them to write examination in G.R. Medical College does not merit any consideration.

7. Resultantly, this writ petition fails and accordingly, it is dismissed. No costs.