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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Vyas Medical College And Hospital, Through Its Dean Dr. Kailash Chandra Agarwal, S/o. Shri Ram – Appellant
Versus
Union Of India, Through Its Secretary, Ministry Of Health And Family Welfare – Respondent
ORDER :
SUNIL BENIWAL, J.
1. This writ petition has been filed by the petitioner with the following prayer :-
“(a)- by an appropriate writ, order or direction, including writ in the nature of mandamus, the respondents be directed to forthwith open the payment portal and/or provide an alternate mechanism to enable the Petitioner to deposit the application fee of Rs.11,80,000/- for increase in MBBS UG seats for the academic year 2025-26;
(b)- by an appropriate writ, order or direction, the respondents be directed to process the Petitioner’s application for increase in MBBS seats from 100 to 200 for the academic year 2025-26 in accordance with law, without being prejudiced by the technical non-payment of fee due to circumstances beyond the Petitioner’s control;
(c)- Issue an appropriate writ, order or direction, declaring that the Petitioner’s application submitted on the Respondents’ portal with “Pending-payment” status shall not be rejected solely on the ground of non-payment of fee due to technical reasons, and be treated as a valid application upon payment;
(d)- by an appropriate writ, order or direction, pending final disposal of the present writ petition, direct the Respondents to pro
Adherence to procedural deadlines for application submissions is crucial, and claims of technical glitches do not warrant exceptions in compliance.
Court reaffirmed the necessity of timely processing applications for educational seat enhancements, emphasizing adherence to statutory timelines under the National Medical Commission Act.
Enhancement of medical college seats must be evaluated based on current infrastructure and faculty, not solely on past deficiencies or penalties.
Court found that a medical college's appeal against earlier fee fixation orders lacked transparency and procedural integrity due to undisclosed prior litigation, ultimately affirming the initially se....
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.
Medical college - Affiliation - any jurisdictional error in exercising the discretion or any other patent illegality in the judgment of the learned single Judge need alone be the consideration in an ....
Advocates appeared :For the Appellant : Siddharth Radhe Lal Gupta For the Respondent : J. K. Jain, Anoop Nair, Akshay Pawar
When public interest is involved, facts emerging from subsequent events can be looked into to support an administrative order.
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