Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
ANJANI KUMAR SHARAN
Madhuri Sewa Nyas – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. interlocutory application allowed (Para 1 , 2) |
| 2. petition seeking permission for medical college (Para 3 , 5 , 6) |
| 3. arguments on deficiencies in application (Para 4 , 9 , 11) |
| 4. letter of disapproval issued by marb (Para 8 , 10) |
| 5. submissions regarding previous appeals and decisions (Para 12 , 20 , 22) |
| 6. court's critical examination of marb process (Para 31 , 32) |
| 7. statutory compliance and procedural fairness in medical college approvals. (Para 33) |
| 8. court's ruling on orders being arbitrary (Para 41 , 42) |
| 9. directions for processing application for 2025-26 (Para 44 , 45) |
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 Responde
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
