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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Srinivasan Medical College and Hospital – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. rejection based on inadequacies in faculty and essentiality certificate. (Para 2 , 4 , 5) |
| 2. arguments surrounding compliance with nmc regulations. (Para 11 , 14 , 15) |
| 3. nmc's duties and regulations underscoring compliance. (Para 18 , 24 , 46) |
| 4. the court's conclusion on the application of faculty and attendance standards. (Para 34 , 41 , 62) |
| 5. final dismissal of writ petitions due to non-compliance. (Para 66) |
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 - 202
Compliance with regulatory standards, including faculty attendance and essential documentation, is mandatory for medical institutions seeking approval for postgraduate courses.
The court established that administrative bodies must adhere to procedural fairness by granting applicants the opportunity to rectify deficiencies before disapproval.
Educational institutions must provide complete and unconditioned Essentiality Certificates when applying for approval, as incomplete applications are subject to rejection under established regulation....
The court ruled that attendance for faculty must be evaluated over the entire academic year, and excess faculty in higher categories can compensate for deficiencies in lower categories.
The rejection of affiliation and essentiality certificate for establishing a medical college was justified due to serious deficiencies in infrastructure, faculty, and clinical resources, highlighting....
The court upheld the authority of the National Medical Commission to regulate medical education standards, emphasizing adherence to statutory requirements for college establishment.
The court affirmed that Essentiality Certificates are required for starting new medical courses, and the State's demand for a Bank Guarantee to ensure financial viability is lawful.
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