JUDGMENT :

Anil Kshetarpal, J.

1. Issue for Determination

1.1 After having heard the learned counsel representing the parties, the following point in issue require adjudication:-

"Whether the Medical Assessment and Rating Board (MARB) constituted under the National Medical Commission Act, 2019 (hereinafter referred to as "the Act 2019"), has the power to order en bloc transfer of MBBS students from one institute to other institutes, if it finds the infrastructure to be wholly inadequate?"

2. Brief Facts of the Case

2.1 This writ petition has been filed by the White Medical College and Hospital which was formally known as "Chintpurni Medical College and Hospital, Village Bungal, Dalhousie Road, Pathankot" inter-alia praying for the following substantive reliefs:-

"(i) Issue a writ in the nature of Certiorari for quashing the impugned order dated 18.01.2024 (Annexure P-30) passed by the Medical Assessment & Rating Board (MARB), Undergraduate Section and the impugned minutes of meeting dated 18.12.2023 (Annexure P-31), whereby the students of the petitioner college of academic year 2021-22 and 2022-23 have been ordered to be transferred to other medical institutes even though their admissions are valid and have been legally done as per law, inter-alia on the ground that the same is being done in violation to the provisions of the National Medical Commission Act, 2019, including Section 26 and Section 38 of the National Medical Commission Act, 2019 and further, without conducting any fresh physical inspection for the said academic years, in the interest of justice.

(ii) Issue a writ of Certiorari quashing the impugned letter dated 19.01.2024 (Annexure P-32) issued by the Registrar, Baba Farid University of Health Sciences and letter dated 18.01.2024 (Annexure P-33) sent by Director, Medical Education and Research to the Registrar, Baba Farid University of Health Sciences, in the interest of justice.

(iii) Issue a writ in the nature of Mandamus directing the respondents to allow the petitioner college to continue with the admissions of the students for the Academic Year 2021-2022 and 2022-23 as the same have been duly made in accordance with law.

(iv) Issue a writ in the nature of Mandamus directing the respondents not to transfer students from the petitioner's college, during the pendency of the present writ petition."

2.2 In order to comprehend the controversy involved in present writ petition, the relevant facts, in brief, are required to be noticed.

2.3 The first year batch of the year 2011-12 was permitted to be admitted in the newly established medical college. However, due to lack of infrastructure, the students faced various problems and the Medical Council of India (hereinafter referred to as "the MCI") found several deficiencies after inspecting the college which were not rectified even after affording several opportunities. Hence, the decision was taken not to recommend its renewal for the academic years 2012-13 and 2014-15. The students of the first batch of the academic session of 2011-12 filed a writ petition in the High Court which was disposed of with the certain directions to be considered by the official respondents. However, the directions were not complied with. A contempt petition was filed in which a cost of Rs. 1,00,000/-was imposed upon the MCI. The matter of shifting of students of the academic session of 2011-12 batch was ultimately resolved by the MCI and the Central Government.

2.4 Subsequently, the college filed an SLP before the Supreme Court against the decision of the government to transfer the students which was dismissed as withdrawn. Thereafter, the College filed a writ petition in the High Court which was dismissed being not maintainable. The college again filed an SLP before the Supreme Court which was dismissed on 01.07.2017. Similarly, the Director of the College has filed a Writ Petition (Civil) No. 273 of 2016 before the Supreme Court which was also dismissed as infructuous on 25.01.2019. For the purpose