L.N. Medical College And Research Centre Versus Union Of India

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 1324 of 2022, Judgment Date: Feb 03, 2022

Law Laid down:-

1. The National Medical Commission Act, 2019 – The application of petitioner-College seeking increase of MBBS seats from 150 to 250 is turned down based on a complaint from CBI. The question was whether this complaint/CBI note can be a reason for rejecting the prayer for increase of MBBS seats.

2. Section 28 & 29 of NMC Act – The Medical Assessment and Rating Board on the basis of criteria specified in Section 29 can take a decision of either approving or disapproving the scheme for establishing or increase of seats in a college. Any decision of the Board/NMC, which is beyond the scope of Section 28 and 29, is bad in law.

3. Section 28(5) of the NMC Act – Remedy of appeal – petitioner cannot be relegated to avail the alternative remedy of appeal because -

(i) The rejection order is not based on relevant parameters based on Section 28(3) r/w Section 29 of the Act.

(ii) Since, impugned order is based on extraneous reason, it was without jurisdiction and hence it was not proper to relegate the petitioner to avail the appellate remedy.

(iii) In view of time constraint, the remedy of appeal which provides 45 days to the appellate authority to take a decision, cannot be treated to be an efficacious remedy.

4. The Establishment of Medical College Regulations 1999 – Penalty – The punishment cannot be imposed in absence of any enabling statutory provision. Since, no enabling provision was brought to the notice of the Court, the impugned order was set aside.

5. Article 226 of the Constitution: Writ of Mandamus : In appropriate cases the writ Court itself can issue direction in place of respondent. However, in the factual backdrop of this case direction is issued to take a fresh decision.

L.N. Medical College And Research Centre Versus Union Of India