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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SHEEL NAGU, C.J., ANIL KSHETARPAL
White Medical College And Hospital – Appellant
Versus
Union of India – Respondent
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 admission
The MARB has statutory authority under Section 26(1)(f) of the National Medical Commission Act, 2019, to transfer students between medical institutions due to deficiencies in compliance.
The Medical Assessment and Rating Board lacks jurisdiction to retrospectively cancel admissions, emphasizing the need for procedural fairness in educational regulation.
The court established that the National Medical Commission Act grants the MARB the authority to regulate medical education standards, including the power to reduce student intake based on inspection ....
The court upheld the authority of the National Medical Commission to regulate medical education standards, emphasizing adherence to statutory requirements for college establishment.
The main legal point established in the judgment is that the inspection, disapproval of renewal, and transfer of students were in accordance with the Establishment of Medical Colleges Regulation 1999....
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.
Advocates appeared :For the Appellant : Siddharth Radhe Lal Gupta For the Respondent : J. K. Jain, Anoop Nair, Akshay Pawar
Judicial review under Article 226 is supervisory, not appellate; courts should not substitute decisions of expert bodies unless arbitrariness or illegality is evident.
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