JUDGMENT

1. The present petition under Article 226 of the Constitution of India assails nine communications dated 11.02.2022 along with the amendments thereto issued on 15.02.2022 by the Medical Assessment and Rating Board of the National Medical Commission. Vide three of these communications, the petitioner's applications for grant of permission for commencing PG disciplines in three disciplines i.e. MD (Orthopaedics), MD (Dermatology, Venereology & Leprosy) and MD (Respiratory Medicine) disciplines have been rejected. Vide the other six communications, the petitioner's applications for running MD (Obstetrics & Gynaecology), MD (Radio-Diagnosis), MD (Psychiatry), MD (Paediatrics), MS (General Surgery), and MD (General Medicine), MD (Respiratory Medicine) and MD (Dermatology, Venereology & Leprosy) disciplines have been partially allowed.

2. The petitioner, Dr. M.K. Shah Medical College and Research Centre, is a medical educational and research institute, offering MBBS course since 29.05.2017. The respondent no.1 is Union of India (hereinafter referred to as 'UOI') through the Ministry of Health and Family Welfare. The respondent no.2/Medical Assessment and Rating Board (hereinafter referred to as MARB') is an autonomous board set up by the National Medical Council (hereinafter referred to as 'NMC') for the purpose of assessing and rating medical institutions to ensure compliance with the standards laid down by the Under Graduate ('UG') as well as the Post Graduate ('PG') Medical Education Boards constituted as per the regulations under the NMC Act, 2019. Since it is mainly the respondent no.2 that has defended the impugned orders, for the sake of convenience, the respondent no.2 will hereinafter be referred to as the respondent.

3. Pursuant to the Letter of Permission' issued by the Ministry of Health and Family Welfare, Government of India on 29.05.2017 for establishment of a new medical college with an annual intake of 150 MBBS students, the petitioner commenced its 1st batch of MBBS course in the academic year 2017-18. The petitioner was thereafter, granted renewals for conducting the MBBS course from time to time, with the latest one having been granted on 08.12.2021.

4. On 04.04.2019, the Medical Council of India (hereinafter referred to as the 'MCI') notified the Opening of a New or Higher Course of Study or Training (including Post-graduate course of Study or Training) and Increase of Admission Capacity in any Course of Study or Training (including a Post-graduate Course of Study or Training) (Amendment) Regulations (hereinafter referred to as the MCI Regulations), 2019'.These regulations as on date, do not require an institute to obtain essentiality certificates from the concerned State Governments to start a new medical course.

The said amended regulations also clearly say that an institute having permission for running an MBBS course, does not require any formal permission for starting a postgraduate course or for increase of annual intake of postgraduate course.

5. On 13.03.2020, the respondent no.1 issued a public notice no.23(1)(10A)/2019-Med/98730, inviting applications for increase of seats/commencement of PG medical disciplines by medical educational institutions in the academic year 2021-2022. Following this, a further notice was issued on 22.07.2020, whereby, institutions which did not have recognition were also granted liberty to submit their applications.

6. During this period, when the entire world was reeling under the effects of the Covid 19 pandemic, the petitioner hospital was on 16.05.2020, declared as a designated Covid hospital by the State Government, for the period between May-2020 to September-2020.The petitioner was once again designated as a designated Covid hospital for the periods between April-2021 to August-2021. Consequently, like all other Covid dedicated hospitals, it was also not permitte