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 injustice caused by the authorities' defilement of extant rules.

JUDGMENT :

SANJEEV NARULA, J.

1. Petitioner No. 1-Dhanalakshmi Srinivasan Medical College and Hospital [hereinafter, “Petitioner college”] is a NABH and NABL accredited college affiliated with Tamil Nadu Dr. MGR Medical University, Chennai. Vide gazette notification dated 08th September, 2016, it was granted recognition to run MBBS course with an intake of 150 students. Desirous to increase its admission strength to 250 students from academic year 2021-22, Petitioner college made an application on 02nd December, 2020 with Medical Assessment and Rating Board [“MARB”] of Respondent No. 2-National Medical Commission [“NMC”]. The said request was processed, but on 31st December, 2021, MARB recommended increase by 50 seats only, taking total strength to 200. Dissatisfied with partial acceptance, Petitioner college preferred first appeal before First Appeal Committee, which was dismissed vide order dated 21st February, 2022 whereby the Committee not only disagreed with MARB, but also declined the request for increase of seats in entirety. As a result, original sanctioned intake of 150 seats was restored with observations pertaining to certain deficiencies in teaching faculty and occupancy of hospital beds. Petitioner college was also unsuccessful in second appeal before the Central Government, which, vide order dated 17th March, 2022, upheld the order of First Appeal Committee.

2. Aggrieved with denial of request for increased intake, present petition has been filed impugning the afore-noted orders and seeking a direction to NMC to issue a letter of approval with respect to Petitioner college's application for 250 students per year from academic year 2021-22.

PREVIOUS COURT ORDERS AND DIRECTIONS

3. On 30th March, 2022, by way of an interim order, pending final adjudication of the petition, for academic year 2021-22, Petitioner college was permitted to participate in counselling rounds of NEET UG 2021-22 and admit 50 more students (total 200) in MBBS course [hereinafter, “interim order”]. It was however clarified that interim permission will remain subject to outcome of the present petition and will not, in any manner, preclude Respondents from initiating any action against Petitioners in respect of purported deficiencies in Petitioner college, after following due procedure, as per law.

4. The afore-noted order was not assailed by either of the parties. In fact, Respondents complied with the same and issued a letter of permission [“LOP”] dated 05th April, 2022 approving increase of 50 seats to Petitioner college. Thereafter, in respect of academic year 2022-23, Petitioner college sent a request letter dated 21st April, 2022 to NMC for increase in seats from 150 to 250. On 24th-25th August, 2022, a surprise inspection was conducted and a report was prepared, wherein for 200 seats, Petitioner college was found compliant with existing norms in all aspects, except for a minor deficiency in teaching staff (hereinafter “inspection report”) [Annexure A-2 to C.M. APPL. No. 44265/2022]. Subsequent thereto, Petitioner college submitted a representation dated 09th September, 2022 requesting NMC to consider increase up to 250 seats.

5. Since no final decision was rendered on its representation, Petitioners filed C.M. APPL. 44265/2022 seeking following reliefs:

“(a) Allow the present application and direct the Respondent No. 2-National Medical Commission to consider the Petitioner college for 250 medical students for the Petitioner College for the academic year 2022-2023.

(b) Alternatively, direct the Respondents to expeditiously pass an order on the representations dated 09.09.2022 sent by the Petitioners herein.”

6. During the course of hearing on the above application, Mr. T. Singhdev, counsel for Respondent No. 2, argued that Petitioner college’s request could only be processed for 200 seats, as it had accepted the reduced intake granted under inte