IMPORTANT POINT
The court upheld the authority of the National Medical Commission to regulate medical education standards, emphasizing adherence to statutory requirements for college establishment.

JUDGMENT :

SAMEER JAIN, J.

“To study the phenomena of disease without books is to sail an uncharted sea, while to study books without patients is not to go to sea at all”

The famous saying elucidates the necessity of having not just a decent Medical College, but also the unspecified/specified requisites that actually makes an institution imparting medical education a noble institute and an ideal health care unit/hospital.

1. The instant petition is filed with the following prayers:

“It is therefore, most humbly prayed before this Hon’ble Court that the writ petition so preferred by the petitioners be kindly allowed and accepted by the Hon’ble Court wherein after the Hon’ble Court be pleased to pass appropriate writ, order or direction to the respondents in the nature of:

(I) To Quash and Set aside the order dated 04.07.2024, to the extent of reducing intake capacity from 150 to 100 seats of MBBS students.

(II) To Quash and Set aside the order dated 06.08.2024 dismissing the 1st appeal and the order dated 13.09.2024 dismissing the second appeal.

(III) To direct the respondents to allow the Petitioner to grant approval for Intake Capacity of 150 students for MBBS Course for the academic session 2024-25 onwards.

(IV) Any other writ or direction that the court deems fit, just and proper may kindly be issued in favour of the petitioner.

(V) Costs may kindly be also awarded in favor of the petitioner.”

2. The instant petition is filed under the provisions of Article 226 of the Constitution and primarily in the matter of Graduate Medical Education Regulations, 2023 and the guidelines for undergraduate courses under Establishment of New Medical Institutes, starting of New Medical Courses, increase of seats for existing courses and assessment and rating Regulations, 2023.

3. At the outset, learned counsel representing the petitioner-society had submitted that the petitioner is a society registered under the Societies Registration Act, 1958 with an object of promoting medical science and development of medical education and medical wellbeing of writ large. The said society was registered on 10.03.2010 (Annexure-1) and is working ever-since then. It was further contended that the field of medical education was regulated by the Indian Medical Council Act, 1956 (hereinafter referred to as Act of 1956) wherein, the council was developed for imparting education and maintaining standards of medical education within the country.

4. Considering the same and as per the provisions enumerated in Section 10A of the Act of 1956, the petitioner attained sanction from the Central Government. Further, it was contended that that as per the Act of 1956, Medical Council of India was established however, subsequently the Central Government diluted the Medical Council of India and the Act of 1956 was repealed and incorporated the National Medical Commission Act, 2019 (hereinafter referred to as Act of 2019). From that day forward the field of medical education is governed and regulated by the Act of 2019. Consecutively, the petitioner in order to establish a Medical College on the land belonging to it, applied before the Department of Medical Education for issuance of letter of permission (hereinafter referred to as LOP). The petitioner also appended the desired requirement for assessment and grant of LOP.

5. The Department of Medical Education after conducting preliminary verification issued permission vide letter dated 24.03.2023 (valid for a period of three academic years only) to the petitioner-society for establishing a Medical College with an intake capacity of 150 seats (Annexure-4). Resultantly, the petitioner after attaining requisite affiliation from the State authorities applied for affiliation and recognition from the Rajasthan University of Health Science (hereinafter referred to as RUHS). The said authority vide letter dated 09.04.2023 (Annexure-5) granted permission for establishment of a Medical College. Thereafter seeking requisite permissions (includin