JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent in his proceedings in NMC/UGI/2020/000006/019319 dated 27.08.2021 and quash the same as illegal and arbitrary and consequently directing the Respondents to issue a Letter of Permission for increase in intake of students from 150 to 250 for the academic year 2021-2022 on the basis of the application submitted by the petitioner college dated 12.11.2020.)

1. This Writ Petition has been filed challenging the impugned proceedings of the 2nd Respondent dated 27.08.2021 wherein the Petitioner institution was informed that their request for increase in intake of students for the academic year 2021-22 is being carried forward to the next academic year namely 2022-23, in view of the fact that the physical inspection of the college cannot be carried out for the present due to the pandemic situation.

2. The Petitioner institution is a constituent of Bharat Institute of Higher Education and Research, a deemed to be university under Sec.3 of the UGC Act. The Petitioner institution is conducting MBBS course with an annual intake of 150 students from the academic year 2006-07. The Petitioner institution is also conducting 8 PG programmes after obtaining the necessary permission from the Respondents between the years 2017 and 2020.

3. The Petitioner institution made an application before the Respondents seeking for increase in intake of students in the MBBS course from 150 to 250 students per year. This application was submitted on 12.11.2020. The further case of the Petitioner is that the Medical Assessment and Rating Board (MARB) had sought for various documents and the same was also submitted by the Petitioner on 26.05.2021.

4. It is stated that, in the meantime, a physical inspection was also carried out by the 2nd Respondent for the purpose of considering the request for starting new PG courses and to increase the strength in 2 existing PG programmes. The Petitioner has made an averment that the 2nd Respondent has also issued letter of intent for 3 PG programmes after being satisfied with the infrastructure facilities available. At this point of time, the last inspection was done on 19.06.2021.

5. The Petitioner was expecting the 2nd Respondent to take a decision on the request made by the Petitioner for increase in intake of students from 150 to 250 for the academic year 2021-22. However the 2nd Respondent issued the impugned proceedings dated 27.08.2021 and the same has been put to challenge in the present Writ Petition.

6. Heard Mr.M.S.Krishnan, learned Senior counsel for the petitioner, Mr. T.V. Krishnamachari, learned Central Government Standing Counsel for the 1st respondent and Mrs. Subharanjani, learned Central Government Standing Counsel for the 2nd Respondent.

7. The learned Senior Counsel appearing on behalf of the Petitioner submitted that there is a duty cast on the 2nd Respondent under Section 26 of the National Medical Commission Act, 2019 (hereinafter referred as “the Act“) to carry out inspections of medical institutions in accordance with regulations and by virtue of the impugned order, the 2nd Respondent has failed to perform that duty. It was further submitted that the Petitioner had made the application in November 2020 itself and there was no delay on the part of the Petitioner. Therefore, the delay on the part of the 2nd Respondent to conduct the inspection cannot be put against the Petitioner by throwing the blame on the pandemic situation. If the 2nd Respondent was able to conduct an inspection as late as on 19.06.2021, there is no reason as to why a further inspection cannot be done thereafter to take a decision more particularly since the NEET examination itself was held only on 12.09.2021. The learned Senior Counsel further contended that there is a huge requirement for doctors and the same was felt