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SANJEEV NARULA
Santosh Trust – Appellant
Versus
National Medical Commission – Respondent
JUDGMENT :
Sanjeev Narula, J.
1. The present petition under Article 226 of the Constitution of India assails communications dated 02nd September 2022, 03rd September 2022 and 31st August 2022 [hereinafter collectively referred to as “Impugned Letters”] issued the Respondent No. 2/ Medical Assessment and Rating Board [“MARB”] of Respondent No. 1/ National Medical Commission [“NMC”], whereby, in response to applications seeking increase in seats in certain post-graduate medical courses in Petitioner No. 2/ Santosh Medical College and Hospital [“Petitioner-College”], MARB has:
(ii) Disapproved increase in seats in MS (Ophthalmology) from 5 to 8 Seats; and
(iii) Partially allowed increase in seats in MD (Respiratory Medicine) from 2 to 4 instead of 2 to 5.
2. Petitioner-College has been offering various UG and PG courses since 1995. In November 2021, it applied to NMC for starting a new postgraduate course as well as for increasing seats for certain PG courses, under Section 26(1)(a)(b), 26(1)(c) and 28(1)(f) of the Nat
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.
The main legal point established in the judgment is that a medical college can increase its seats with prior approval from the MARB, and the court has the authority to step in and rectify any injusti....
The court established that the National Medical Commission Act grants the MARB the authority to regulate medical education standards, including the power to reduce student intake based on inspection ....
When public interest is involved, facts emerging from subsequent events can be looked into to support an administrative order.
The central legal point established in the judgment is that the rejection of the petitioner's request for increasing the intake of students in the MBBS course was unjustified and unsustainable, as it....
The distinction between the establishment of new medical colleges and the enhancement of student intake in existing colleges is critical; prior judicial rulings must not impede justified applications....
The court upheld the authority of the National Medical Commission to regulate medical education standards, emphasizing adherence to statutory requirements for college establishment.
Enhancement of medical college seats must be evaluated based on current infrastructure and faculty, not solely on past deficiencies or penalties.
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