Karnataka HC Dismisses Pleas Of Medical College Against State Govt’s Action Of Re-Locating 150 MBBS Students In Different Colleges To Pursue Next Academic Year

The Karnataka High Court dismissed the pleas filed by G.R. Medical College Hospital and Research Centre against action taken by the State Government to re-locate 150 students in different colleges to pursue next academic year.

The said Medical College had filed two writ petitions challenging the disapproval of renewal of permission for 150 first year MBBS Seats for the academic year 2022-23 and the transfer of 150 students to different medical colleges in the State.

A Division Bench comprising Justice P.S. Dinesh Kumar and Justice T.G. Shivashankare Gowda observed, “Admittedly, 150 students were admitted for 1ST year MBBS course for the academic year 2021-22. The permission for renewal has been disapproved by the NMC for the academic year 2022-23. This would place the career of the students enrolled in petitioner-College in jeopardy. Hence, no exception can be taken to the State Government’s action in re-locating the candidates in different colleges in the State to enable them to pursue their next academic year.”

Senior Advocate D.R. Ravishankar represented the petitioners while CGC Nayana Tara, Standing Counsel N. Khetty, AGA Sudev Hegde, Advocates N.K. Ramesh and Farah Fathima represented the respondents.

In this case, in the year 2021, G.R. Medical College, Mangaluru was granted permission by National Medical Commission (NMC) to establish the Medical College for an intake of 150 students from the academic year 2021-22. On September 5 & 6, 2022, inspection was conducted by NMC. Based on the Inspection Report, the renewal of permission was disapproved for the academic year 2022-23. The main grievance of the College was that the inspection was conducted during the Onam festival and the same was in violation of Regulation 8(3)(1) of the establishment of Medical Colleges Regulation, 1999.

It was averred in the writ petition that on October 26, 2022, the NMC rejected the permission for renewal. The appeal filed by the College was rejected by the NMC. The Government of India also refused to consider the second appeal. The Karnataka Examinations Authority (KEA) had notified the commencement of first round of counselling on August 4, 2023 without including petitioner’s Medical College. Hence, the matter was before the High Court.

The High Court after hearing the contentions of the counsel said, “Annexure-G is the Notification4 issued by the State Government containing the list of General Holidays sanctioned by the Government for the year 2022. As per the said Notification, Onam is not declared as a Holiday. No other material is placed on record to establish that there was any holiday declared by the Central or State Governments during the relevant period. Therefore, Medical College’s contention that inspection was contrary to Regulation 8(3)(1) is untenable.”

The Court further noted that pursuant to Medical College’s reply, a virtual hearing was scheduled and an appearance was made on behalf of the college during the hearing and thus, we held that the reasonable opportunity was provided to it.

With regard to the question whether the disapproval of renewal of permission for academic year 2022-23 calls for any interference, the Court said that no ground is made out for exercise of extraordinary jurisdiction under Article 226 of the Constitution of India and therefore, it answered this point in negative and against the college.

Accordingly, the High Court dismissed the writ petitions.

Cause Title- G.R. Medical College Hospital and Research Centre v. Union of India & Ors.

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