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2023 Supreme(Del) 3154

IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J.
Sri Satya Sai University of Technology And Medical Sciences Sehore – Appellant
Versus
Union of India – Respondent
W.P.(C) 9662 of 2023 & CM APPL 37024 of 2023
Decided On : 14-08-2023

Advocates appeared:
Mr. Samar Bansal, Mr. Harsh Parashar, Mr. Rajat Kumar and Mr. Chanakya Sharma, Advocates, for the Petitioner.
Ms. Arunima Dwivedi, CGSC with Ms. Pinky Pawar and Mr. Aakash Pathak, Advocates, for R-1.
Mr. T. Singhdev, Mr. Bhanu Gulati and Mr. Abhijit Chakravarty, Advocates, for R-2.

Headnote:(A) National Medical Commission Act, 2019 - Section 28 - Writ petition challenging the rejection of application for establishing a new medical college - Impugned decision upheld as the school failed to follow prescribed online application procedure, thus application was incomplete - Delays and failures to apply via electronic channels deemed non-compliance with regulatory processes - The sanctity of timelines is critical for maintaining academic standards. (Paras 1-152)

Facts of the case:
The petitioner, a private university, sought recognition for a new medical college for the 2023-2024 session. The application faced rejection due to non-submission through the mandated online portal despite the payment of fees and submission of hard copy.

Findings of Court:
The court found the rejection of the application valid as the petitioner did not submit the requisite online application, violating defined protocols. No subsequent or alternative submissions were considered due to lack of a timely acknowledgment from the NMC.

Issues: The crucial question was whether a hard copy submission constituted compliance with the regulations set forth by the NMC Act and whether technical issues could allow for exceptions to the established protocol and timelines.

Ratio Decidendi: The court reasoned by asserting that adherence to the procedural guidelines established under Section 28 of the NMC Act is non-negotiable and any deviation could undermine the integrity of the medical education system. The absence of an application ID confirmed the non-submission of the requisite online application.

Result: Petition dismissed.

Judgement Key Points

Based on the provided legal document, the key legal principles and conclusions are as follows:

  1. Strict Adherence to Timelines: The schedule for submission of applications, inspections, and approvals related to establishing medical colleges is mandatory and must be strictly followed by all parties involved. Any deviation or extension of these timelines without proper authority undermines the integrity of the regulatory process (!) (!) (!) .

  2. Online Submission Protocols: The application process for establishing a medical college is explicitly prescribed to be conducted online, with clear instructions that offline or hard copy applications are not accepted unless specifically permitted under exceptional circumstances. Submission in the prescribed manner is essential for the application to be considered valid (!) (!) (!) .

  3. Importance of Complete and Timely Applications: Incomplete applications or those submitted after the deadline, even if accompanied by payment or hard copies, are liable to be rejected. The application must be complete in all respects, including the generation of an application ID and acknowledgment, to be eligible for processing (!) (!) (!) (!) .

  4. Legal Rigidity in Regulatory Processes: The regulations and schedules laid down by the authorities are binding and cannot be relaxed or modified arbitrarily. While statutory provisions may empower authorities to extend or modify certain timelines, such powers are to be exercised within the limits prescribed and cannot be used to override the mandatory deadlines established by law (!) (!) (!) .

  5. Consequences of Non-Compliance: Failure to adhere to the prescribed procedures and timelines results in the rejection of applications and disqualification from consideration. The courts generally do not interfere with these procedural mandates unless there are exceptional circumstances or arbitrariness involved (!) (!) (!) .

  6. Role of Regulatory Bodies: Expert bodies such as the Medical Assessment and Rating Board (MARB) are entrusted with evaluating applications based on objective criteria, including infrastructure, financial resources, and faculty. Their decisions are to be respected unless shown to be arbitrary or against the law (!) (!) .

  7. No Exception for Hard Copy Submissions: Submitting a hard copy in lieu of a failed online submission does not constitute compliance with the regulations, especially when the process explicitly mandates online submission. Such offline applications are not considered valid unless the regulations explicitly provide for such an exception, which in this case, they do not (!) (!) .

  8. Sanctity of the Schedule: The established schedule is intended to ensure transparency, fairness, and quality in medical education. Any extension or relaxation not expressly authorized undermines these objectives and can lead to unfair advantages or inconsistencies (!) (!) (!) .

  9. Court's Limited Role: Courts generally defer to the expertise and procedural decisions of regulatory bodies in academic matters. Judicial intervention is only warranted if there is evidence of arbitrariness, malafide, or violation of statutory provisions (!) (!) .

  10. Finality of Procedural Decisions: Once the deadline for application submission has passed, subsequent requests for consideration or inspection are typically not entertained, as doing so would compromise the regulatory schedule and the standards of medical education (!) (!) (!) .

In summary, the legal framework emphasizes the importance of adhering to prescribed procedures and schedules for establishing medical colleges, with strict consequences for non-compliance. The authorities' decisions, based on procedural and objective criteria, are to be upheld unless proven to be arbitrary or unlawful.


Table of Content
1. petitioner challenges decision for college establishment. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. arguments regarding technical submissions. (Para 8 , 9 , 10)
3. discussing precedents on application methods. (Para 11 , 12 , 13 , 14 , 15 , 16)
4. significance of infrastructure and timelines. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30)
5. objective criteria for college establishment. (Para 38 , 40 , 41)
6. legal rigidity on education timelines. (Para 44 , 46 , 48)
7. petitioner's application technical failure. (Para 99 , 100 , 101 , 102 , 106)
8. order rejections based on procedure. (Para 132 , 134 , 138 , 144)
9. petition dismissed for lack of merit. (Para 152)

JUDGMENT

1. The petitioner in the instant petition filed under Article 226 of the Constitution of India seeks to challenge the impugned order dated 14.07.2023 passed by respondent no.1/Union of India (hereinafter `UoI') dismissing the second appeal of the petitioner, confirming the order dated 23.06.2023 passed by the first appellate authority, thereby affirming the order in original dated 08.05.2023 passed by respondent no.2/Medical Assessment & Rating Board (hereinafter `MARB') of the National Medical Commission (hereinafter `NMC').

2. The facts of the case would show that the petitioner is a private University established by the Madhya Pradesh Niji Vishwavidyalaya (Sthapana Avam Sanchalan) Dwitiya Sanshodhan Adhiniyam, 2014; by way of an amendment to the Madhya Pradesh Niji Vishwavidyalaya (Sthapana Avam Sanchalan) Adhiniyam, 2007. The university is managed and run by the Ayushmati Education and Social Society.

3. The petitioner, with an object to establish a new medical college from the academic year 2023-24, is stated to have attempted to apply online for the grant of recognition pursuant to the public notice dated 18.07.2022 issued by MARB.

4. The petitioner deposited the prescribed fee. The status of the said application was shown as "in-progress". Initially, the last date for submission of application was 10.08.2022. Since the petitioner did not get any update about the status of the application through online portal, therefore, on the last date of submission of applications i.e. 10.08.2022, the petitioner submitted the hardcopy of the same application in the office of MARB against acknowledgment. The petitioner did not receive any acknowledgment with regard to the acceptance of its online application, therefore, the petitioner sent various mails to MARB on 24.02.2023, 13.03.2023, 01.04.2023 and 03.04.2023 with the request to update the status of the petitioner's application.

5. On 08.05.2023, MARB replied to the petitioner stating therein that though MARB had received a sum of Rs.8,26,000/-, however, no application of the new college along with necessary documents was received on the NMC portal. Therefore, in the absence of any application for establishment of the new college for the academic year 2023-24, no permission can be granted.

6. On 20.05.2023, the petitioner filed its first appeal under section 28(5) of the National Medical Commission Act, 2019 (hereinafter `NMC Act, 2019') before the NMC. Vide order dated 23.06.2023, NMC dismissed the first appeal reiterating the same reason that was stated in the order in original, it being that the petitioner did not submit any application online and in the absence of such an application, the decision of the MARB cannot be interfered with.

7. The petitioner, thereafter, on 24.06.2023 filed its second appeal before UoI under Section 28(6) of the NMC Act, 2019 which also came to be rejected by the impugned order dated 14.07.2023. The petitioner has, therefore, filed the instant petition.

8. Learned counsel appearing for the petitioner vehemently argues that the impugned communication dated 08.05.2023 and the orders passed in the appeals are illegal and improper. He submits that the approach of the respondents is erroneous in as much as they did not consider the fact that the filing of the application in hard

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