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IN THE HIGH COURT OF TELANGANA
Alok Aradhe, CJ, J. Sreenivas Rao, J
TRR Institute of Medical Sciences – Appellant
Versus
Union of India, Through its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to withdrawal of permission (Para 2 , 3) |
| 2. deficiencies found during inspection (Para 5) |
| 3. petitioners' contention on jurisdiction (Para 11) |
| 4. marb's authority upheld (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. writ petitions dismissed (Para 30) |
ORDER:
Mr. Amit Kumar, learned Senior Counsel representing Mr. D. Srinivas Prasad, learned counsel for the petitioner in W.P.No.42853 of 2022.
Ms. K. Mamata, learned counsel representing Mr. M. Sridhar, learned counsel for the petitioners in W.P.Nos.43058 of 2022; 13940, 13976 and 14011 of 2023.
Ms. Gorantla Sri Ranga Pujitha, learned Standing Counsel for National Medical Commission and Medical Assessment and Rating Board.
2. W.P.Nos.42853 of 2022 and 42920 of 2022 have been filed by the TRR Institute of Medical Sciences and the Mahavir Institute of Medical Sciences (hereinafter referred to as ‘institutions’). W.P.Nos.43058 of 2022 and W.P.No.13940 of 2023 have been filed by three and thirty students respectively, who were admitted to the TRR Institute of Medical Sciences and the Mahavir Institute of Medical Sciences respectively. W.P.No.13976 of 2023 has been filed by thirty students, who were admitted
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....
As per Clause 3 of the Scheme, which deals with qualifying criteria, the medical college/institution shall qualify to apply for increasing the number of admission in MBBS/PG Diploma/Degree/Higher Spe....
Regulations governing medical admissions require adherence to common counselling processes; failure to consider due process and fair opportunity to institutions harms student rights.
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.
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