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.

JUDGMENT

1. The present petition under Article 226 of the Constitution of India assails the disapproval letters issued by the respondent no.1/National Medical Commission (hereinafter referred to as `NMC') rejecting the petitioners' request for grant of permission for increase of seats in the petitioner no.2 college in the Bachelor of Medicine and Bachelor of Surgery (hereinafter referred to as `MBBS') course as also in post-graduate courses of MS (Obstetrics & Gynaecology) and MS (Orthopaedics). The petitioners also assail the order dated 22.12.2021 vide which the respondents have directed an interim inspection of the petitioner no.2 college for continuation of its existing recognition for 100 MBBS seats.

2. The petitioner no.1 (formerly known as the Maharaji Educational Trust) is a trust which runs and manages a group of medical, dental, paramedical, and paradental colleges/institutions in the National Capital Region, including the petitioner no.2, a medical educational institute, offering MBBS course and post-graduate courses like MD, MS, M.Sc. and Ph.D. On 13.06.2007, the petitioner no.2, along with the Santosh Dental College, Ghaziabad, which college is also managed by the petitioner no.1 trust, was on the recommendations of the University Grants Commission (`UGC'), granted the status of a `Deemed to be University' by the Central Government, which university is known as the Santosh University.

3. The respondent no.1/NMC, constituted under the National Medical Commission Act, 2019 (hereinafter referred to as the `NMC Act'), was set up in place of the erstwhile Medical Council of India (hereinafter referred to as `MCI') with an aim to inter alia improve access to quality and affordable medical education, ensure availability of adequate and high-quality medical professionals in all parts of the country, and objectively assess the medical institutions periodically in a transparent manner. The respondent no.2/Medical Assessment and Rating Board (hereinafter referred to as `MARB') is an autonomous board set up by the NMC for the purpose of assessing and rating medical institutions to ensure compliance with the standards laid down by the Under Graduate (`UG') as well as the Post Graduate (`PG') Medical Education Boards constituted as per the regulations under the NMC Act.

4. Based upon the permission granted to the petitioner no.1 trust on 15.01.1996 by the Government of India to establish a medical college for conducting MBBS course with a strength of 50 students, the petitioner no.2 college was set up. On 26.06.2001, the petitioner institute was granted recognition by the MCI for 50 seats in MBBS and thereafter for 3 seats in MD (Paediatrics) on 16.02.2004. The seats in MBBS were subsequently increased from 50 to 100 and the petitioner institute was also granted permission by the MCI for conducting PG courses in 18 disciplines.

5. The petitioner no.2 being desirous of seeking a further increase in the MBBS seats, applied to the MCI, pursuant whereto, an inspection was carried out on 13.12.2018. As during the inspection, certain deficiencies were found by the assessors, a further inspection was carried out on 16.04.2019 where again, some deficiencies were reported. Consequently, the petitioner institute was, on 30.05.2019, issued a show cause notice under clause 8 (3)(1)(C) of the Establishment of Medical College Regulations (Amendment), 2010 (Part-II) by the MCI. This led to further inspections being carri