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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANJANI KUMAR SHARAN
Madhuri Sewa Nyas – Appellant
Versus
Union of India – Respondent
JUDGMENT :
ANJANI KUMAR SHARAN, J.
Heard Learned Counsel for the Parties.
2. Having heard learned counsel for the parties and for the reasons stated in the interlocutory application, the interlocutory application no. 01 of 2024 and I.A. No. 02 of 2025 are allowed and the reliefs prayed in this interlocutory application shall also be treated as a part of the relief prayed in the main writ petition.
3. The Present Writ Petition has been filed for seeking the following reliefs :
i. For issuance of an appropriate Writ in the nature of certiorari for quashing the order dated 30.09.2024 passed by the Respondent No. 1 whereby a decision has been made to disapprove the Application of the Petitioner college to start a new medical college and to admit 100 students in MBBS course for the Academic year 2024-2025 in the Petitioner Medical College at Khagaria, Bihar, namely Shyamlal Chandrashekhar Medical College & SPNM Hospital established by the Madhuri Sewa Nyas (Petitioner No.1).
ii. For issuance of order or direction in the nature of Mandamus directing the Respondents herein to grant Letter of Permission to the Petitioner College for admitting 1 batch of 100 students in MBBS course for the Academ
The court established that administrative bodies must adhere to procedural fairness by granting applicants the opportunity to rectify deficiencies before disapproval.
Compliance with regulatory standards, including faculty attendance and essential documentation, is mandatory for medical institutions seeking approval for postgraduate courses.
The court held that expert regulatory bodies' assessments of medical institutions' deficiencies are not to be overridden by the judiciary unless significant jurisdictional errors are proven.
Admission to MBBS Course – Denial of permission by Board of Governors in supersession of Medical Council of India owing to gross deficiencies of infrastructure, clinical material, teaching faculty an....
The court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
Compliance with prescribed norms and minimum standards set by the Homoeopathy Central Council Act 1973 is essential for obtaining permission for admission in medical courses.
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....
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