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2022 Supreme(Del) 1443

REKHA PALLI
Lakshmi Narayana Institute Of Medical Sciences And Another – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Maninder Singh, Advocate, Shiv Mangal Sharma, Advocate, Shashank Khurana, Advocate, Paruni Sharma, Advocate, Shalini Singh, Advocate, Anurag Ahluwalia, Advocate, Danish Faraz Khan, Advocate, T. Singhdev, Advocate, Michelle Biakthansangi Das, Advocate, Abhijit Chakraborty, Advocate, Bhanu Gulati, Advocate

JUDGMENT

Rekha Palli, J. - W.P.(C) 1458/2022 & & CM aPPL. 4221/2022 (Interim Relief)

1. The petitioner no.1, a medical institute, alongwith the its trustee petitioner no.2, has approached this Court assailing the communications dated 15.11.2021 and 30.11.2021 issued by the Medical assessment and Rating Board ('the assessment Board') of the respondent no.2/National Medical Commission('NMC'), rejecting the petitioners' application seeking permission to increase the intake of students in the MBBS course for the academic session 2021-22 from 150 to 250. The petitioners also assail the decision dated 20.01.2022 of the respondent no.2's First appellate Committee ('the appellate Committee'), whereby its appeal under the National Medical Commission act, 2019 ('the NMC act') against the impugned letters, has been rejected.

2. The petitioner no.1 Institute is a constituent of Bharath Institute of Higher Education and Research, a deemed to be university under Section 3 of the UGC. Based upon an Essentiality Certificate issued by the Government of Pondicherry, the petitioner no.1 was granted approval and consequently, set up the institute which was being granted renewals from time to time.

3. The

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