Compliance with regulatory standards, including faculty attendance and essential documentation, is mandatory for medical institutions seeking approval for postgraduate courses.

ORDER :

Factual Matrix:-

These cases are with respect to the order passed by the first respondent in the second appeal filed under Section 28 (6) of the National Medical Commission Act, 2019, (herein after to be mentioned as NMC Act) by the writ petitioner Medical College regarding starting of new PG courses for 21 disciplines of broad and super speciality Post Graduate medical education, rejecting the second appeal, thereby confirming the decision of the first appeal Committee, that is, the second respondent dated 05.08.2024, which upheld the decision of the third respondent, that is, the Medical Assessment and Rating Board (herein after to be mentioned as MARB) dated 13.06.2024.

2. The writ petitioner College was established during the academic year 2021 - 2022 with an intake of 150 seats in the MBBS course. On 16.08.2023, the third respondent issued a public notice, inviting applications for starting New Courses/Increase of seats in Post Graduate courses, for the academic year 2024 - 2025. Pursuant to such notice, the petitioner college submitted applications for 21 disciplines of broad and super speciality Post Graduate medical education. Final order regarding the application of the petitioner College for starting new PG courses was passed by the third respondent on 13.06.2024, by issuing a letter of disapproval. The said letter of disapproval was issued on the basis of the review of the standard assessment form submitted by the petitioner College conducted by the third respondent Board along with the group of experts and review committee, on the basis of MARB Regulations, 2023, published on 2^nd June 2023, PG - Medical Education Regulation, 2000, issued on 22^nd August, 2000. Such letter of disapproval for the application of the petitioner College for the academic year 2024 - 2025 was issued as per Section 28 (3) proviso of the NMC Act, 2019, for not complying attendance, as per the AEBAS attendance per unit and for non- availability of Essentiality Certificate.

3. Following which, a show cause notice dated 28.03.2024, came to be issued by the third respondent with respect to the application of the petitioner college for 21 disciplines of broad and super speciality Post Graduate medical education for the academic year 2024 – 2025, directing the petitioner college to perform self assessment of its application as mentioned in Post Graduate Medical Education Regulation, 2000, and submit the report and also a compliance report on the deficiencies/inadequacies pointed out in the letter of disapproval along with duly filled and signed affidavit within 10 days from the date of issuance of the said show cause notice.

4. However, the petitioner college preferred first appeal before the second respondent on 04.07.2024, in this regard. The second respondent by E-mail dated 05.08.2024, communicated the petitioner college that the first appeal Committee after hearing the college authority and re- verifying the documents and records and pointing out the fact that the petitioner college do not have Essentiality Certificate upheld the decision of the third respondent/MARB. Hence, the petitioner College preferred second appeal before the first respondent on 12.09.2024. The first respondent by order dated 24.12.2024 and 08.01.2025 respectively, rejected the second appeal by the petitioner College for starting various disciplines of broad and super speciality Post Graduate medical education by separate rejection orders on the same day.

5. Challenging the rejection of these second appeals, the petitioner College has filed thes