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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Arun Bhansali, J.
Tirupati Balaji Educational Trust, Bhilon Ka Bedla, Udaipur, Rajasthan - Petitioners
Versus
The Union Of India, Through Its Secretary, Ministry Of Health And Family Welfare, Nirman Bhavan, New Delhi - Respondents
S.B. Civil Writ Petition No. 5592/2020
Decided On : 06-06-2022
Indian Medical Council Act, 1956 - Section 10 (A) - Constitution of India, 1950 - Article 32 - College - Allotment of Seats - Petitioner college was subjected to inspection for examining capacity for starting Post Graduate Courses applied by it. Vide communication, Principal of College was directed to appear before then respondent no.2 to furnish explanation regarding appointment of 05 faculty members as referred to in communication - Being aggrieved of action of then respondent no. 2 in sanctioning less number of seats for various Post Graduate Courses, petitioner college submitted representations before respondent no.2 (Annex.6) and prayed for increase in seats allotted for various Post Graduate Courses – Held, It is apparent that orders (Annex.8 to 19) passed by respondents on review sought by petitioners under directions of Hon’ble Supreme Court, seeking to sustain denial of seats as sought by petitioners based on aspect of age of teachers, their short duration of service/frequent change in jobs/gap in service and lack of clinical material as per Circular in absence of any Rules & Regulations and/or for lack of any specific particulars about clinical material being deficient, cannot be sustained - Regulations relied on by learned counsel for respondents for age of faculties being wholly not applicable, orders impugned cannot be sustained - As already noticed by coordinate bench of this Court, while granting interim order though petitioner college had demanded allotment in various Post Graduate courses upto total 106 seats, however, prayer in writ petition has been restricted to 96 seats in 12 departments for various Post Graduate Courses, which 96 seats have been reproduced hereinbefore - Respondent no.2 is directed to pass appropriate orders for allotment of seats to petitioner institution as prayed by it i.e. total 96 seats, students for which have already been allotted under interim orders passed by coordinate benches of this Court for academic years - Petition allowed.
ORDER :
1. This writ petition has been filed by the petitioners aggrieved against the communications dated 13/3/2020 (Annex. 8 to 19) issued by the then Board of Governors in supersession of Medical Council of India, whereby, the representations made by the petitioners dated 17/2/2020 seeking increase in the allotted seats for various Post Graduate Courses have been rejected and seeking a direction to the respondents to allot 96 seats in all qua 12 departments as per its eligibility and application dated 29/5/2019.
2. The petitioner no.1 is a registered Trust and petitioner no.2 is a private medical college run by the petitioner no.1 since the year 2014. Applications vide public notice dated 21/2/2019 (Annex.1) were invited for starting/increasing seats in Post Graduate Courses (Broad Specialty) under Section 10 (A) of the Indian Medical Council Act, 1956. Pursuant to the said public notice dated 21/2/2019, the petitioner no.2 – College submitted applications on 29/5/2019 for grant of permission to open new and higher courses of study in 12 different specialties as under:
2. M.D. in Radio Diagnosis (with 10 seats);
3. M.D. in Pediatrics (with 11 seats);
4. M.D. in General Medicine (with 19 seats);
5. M.S. in Orthopedics (with 11 seats);
6. M.S. in Obstetrics & Gynecology (with 11 seats);
7. M.D. in Anesthesiology (with 10 seats);
8. M.S. in Otorhinolaryngology (with 5 seats);
9. M.D. in Dermatology, Venereology and Leprosy (with 5 seats);
10. M.S. in Ophthalmology (with 5 seats);
11. M.D. in Psychiatry (with 5 seats) and
12. M.D. in Respiratory Medicine (with 5 seats).”
3. The petitioner college was subjected to inspection for examining the capacity for starting the Post Graduate Courses applied by it. Vide communication dated 8/1/2020, the Principal of the College was directed to appear before the then respondent no.2 on 13/1/2020 to furnish explanation regarding appointment of 05 faculty members as referred to in the communication. In response thereto, the authorized representative of the petitioner college appeared and submitted its explanation on 13/1/2020. After providing personal hearing to the representative of the petitioner college, the then respondent no.2 issued separate communications dated 11/2/2020 (Annex.5) and granted permission for admission to 12 different Post Graduate Course for specific number of seats. The course-wise seats as under were allotted:
| Name of the courses | Seats allotted |
| M.S. in General Surgery | 5 seats |
| M.D. in Radio Diagnosis | 4 seats |
| M.D. in Pediatrics | 4 seats |
| M.D. in General Medicine | 10 seats |
| M.S. in Orthopedics | 5 seats |
| M.S. in Obstetrics & Gynecology | 3 seats |
| M.S. in Otorhinolaryngology | 3 seats |
| M.D. in Dermatology, Venereology and Leprosy | 1 seats |
| M.S. in Ophthalmology | 2 seats |
| M.D. in Psychiatry | 2 seats |
| M.D. in Respiratory Medicine | 2 seats |
| M.D. in Anesthesiology | 6 seats |
4. Being aggrieved of the action of then respondent no. 2 in sanctioning less number of seats for various Post Graduate Courses, the petitioner college submitted representations before the respondent no.2 on 17/2/2020 (Annex.6) and prayed for increase in the seats allotted for various Post Graduate Courses.
5. The petitioners whereafter approached the Hon’ble Supreme Court by filing petition under Article 32 of the Constitution of India being Writ Petition (Civil) No. 380/2020, wherein, on 28/2/2020 the Hon’ble Supreme Court permitted the then respondent no.2 to decide the representations dated 17/2/2020 made by the petitioners within a period of two weeks.
6. Pursuant to the directions given by Hon’ble Supreme Court, the then respondent no. 2 decided the representations of the petitioner college dated 17/2/2020 (Annex.6) on 13/3/2020 (Annex.8 to 19) and rejected the prayer for allotting higher
Enhancement of medical college seats must be evaluated based on current infrastructure and faculty, not solely on past deficiencies or penalties.
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.
Point of Law : Regulation 3(2) with Regulation 9(2) of the Regulations, it is evident that there can be a faculty comprising of consultants who may be appointed on contract basis on part time or on c....
The Supreme Court emphasized the importance of timely adherence to admission schedules, ensuring merit-based filling of medical seats under the all-India quota.
When public interest is involved, facts emerging from subsequent events can be looked into to support an administrative order.
Admissions to Post Graduate courses must recognize prior rural service of candidates despite changes in area categorization, ensuring compliance with constitutional principles of equality.
The court emphasized the application of Rule 12 (8) (ka) of the M.P. Medical Education (Admission) Rules, 2018, which governs the inclusion of vacant seats in subsequent rounds of counselling.
Regulation no.9 provides for requirements of college which prescribes that there shall be a minimum teaching faculty as per Schedule-IV for the course.
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