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DELHI HIGH COURT
KAILASH GAMBHIR
Teerthanker Mahaveer Institute of Management – Appellant
Versus
Union of India – Respondent
JUDGMENT
Kailash Gambhir, J.
1. This order shall dispose of a batch of three writ petitions bearing W.P.(C) Nos. 5763/2011, 5917/2011 and W.P.(C) No. 4920/2011 .
2. By these petitions filed under Article 226 of the Constitution of India, the petitioner institutes/medical colleges have approached this court to challenge the order of the respondent Medical Council of India/Board of Governors whereby it has rejected the grant of additional intake in the MBBS course in the petitioner institutes/colleges.
3. The adumbrated facts of the three petitions are set out as under:
W.P.(C) Nos. 5763/2011
4. The petitioner herein applied initially for intake of 150 students in MBBS course but subsequently requested the respondent to inspect the college for 100 admissions only and thus consequently the respondent granted permission for starting the medical college for 100 students and the subsequent renewals followed. It is only when the petitioner applied for permission of 150 students for the session 2011-2012, that the respondent granted renewal for 100 students only vide letter dated 8.6.2011 and therefore feeling aggrieved with the said act of non grant of permission and the non commu
As per Clause 3 of the Scheme, which deals with qualifying criteria, the medical college/institution shall qualify to apply for increasing the number of admission in MBBS/PG Diploma/Degree/Higher Spe....
The court upheld the authority of the National Medical Commission to regulate medical education standards, emphasizing adherence to statutory requirements for college establishment.
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.
(1) No person is entitled to establish a medical college except with previous permission of Central Government.(2) In order to be eligible for grant of permission for undertaking admissions in a part....
Education Law - Enhancement of seats - As per norms of Kerala University of Health Sciences, maximum seat capacity fixed for B.Sc. (MLT) is 30 - Expert Committee did not recommend for granting no-obj....
Administrative bodies must adhere to natural justice and cannot supplement reasons after an order; financial and operational assessments must reflect current realities, especially in emergencies.
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....
When public interest is involved, facts emerging from subsequent events can be looked into to support an administrative order.
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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