Case Note & Summary
The writ petitions before the Madurai Bench of the Madras High Court arose from the rejection of the petitioner college's applications for starting new postgraduate medical courses in 21 disciplines of broad and super speciality education for the academic year 2024-2025. The petitioner, M/s. Srinivasan Medical College and Hospital (Dhanalakshmi Srinivasan University), had been established in 2021-2022 with an intake of 150 MBBS seats. Pursuant to a public notice dated 16.08.2023, the college submitted applications for the postgraduate courses. The Medical Assessment and Rating Board (MARB) issued a letter of disapproval dated 13.06.2024 based on review of the application, citing non-compliance of attendance as per AEBAS attendance per unit and non-availability of Essentiality Certificate. A show cause notice dated 28.03.2024 had been issued earlier directing self-assessment and compliance report. The college preferred a first appeal before the second respondent on 04.07.2024, which was rejected by email dated 05.08.2024 on the ground of absence of Essentiality Certificate. The college then filed a second appeal before the first respondent on 12.09.2024. The first respondent passed impugned orders dated 24.12.2024 and 08.01.2025 rejecting the second appeal. The petitioner filed writ petitions under Article 226 of the Constitution to quash these orders and sought directions to issue letter of approval and include the college in state counselling for PG seats. The key legal issues were whether the first respondent was justified in rejecting the second appeal, whether the Essentiality Certificate requirement had been kept in abeyance by the NMC for 2024-2025, and whether the first respondent could rely on grounds not considered by the first appellate authority. The petitioner argued that Clause 11.1 and Clause 12 of the Post Graduate Medical Education Regulations, 2000 set teacher-student ratios, that for pre-clinical subjects units and beds are not required, and that NMC communication dated 21.11.2024 kept Essentiality Certificate requirement in abeyance. The respondents submitted that the college did not possess attendance compliance and Essentiality Certificate. The provided excerpt does not include the court's analysis and final decision.
Headnote
A) Medical Law - Approval of Postgraduate Medical Courses - Statutory Appeals under Section 28(6) NMC Act - National Medical Commission Act, 2019, Section 28(3), Section 28(6) - The petitioner college challenged the first respondent's rejection of its second appeal against refusal of approval for 21 PG medical disciplines. The court considered whether the first respondent was justified in rejecting the second appeal on grounds of non-compliance with AEBAS attendance and absence of Essentiality Certificate. (Paras 1-7, 14) B) Medical Law - Essentiality Certificate Requirement - Waiver/Abeyance for Academic Year 2024-2025 - National Medical Commission Act, 2019 and Post Graduate Medical Education Regulations, 2000 - Petitioner argued that on 21.11.2024 the NMC decided to keep in abeyance the requirement of Essentiality Certificate for new PG courses for 2024-2025, hence the rejection on that ground was improper. The court was addressed on whether such communication barred reliance on absence of Essentiality Certificate. (Paras 12-14) C) Medical Law - Faculty Attendance Compliance - AEBAS Attendance Per Unit - Post Graduate Medical Education Regulations, 2000 and Medical Assessment and Rating Board Regulations, 2023 - Disapproval was partly based on non-compliance of attendance as per AEBAS attendance per unit. Petitioner contended that the first appellate authority had not relied on this ground, so the second appellate authority could not reintroduce it. The court examined the scope of second appeal power. (Paras 2, 12-14) D) Medical Law - Teacher-Student Ratio and Unit Requirements - Pre-clinical Subjects Exemption - Post Graduate Medical Education Regulations, 2000, Clause 11.1, Clause 12(1), Clause 12(3) - Petitioner submitted that for para and pre-clinical subjects like Anesthesiology, Forensic Medicine and Psychiatry, unit and bed requirements do not apply and teacher-student ratio is 1:3 for professors. The court was tasked to consider whether the applied seats complied with these norms. (Paras 8-11)
Issue of Consideration
Whether the first respondent was justified in rejecting the second appeal dated 24.12.2024 and 08.01.2025, particularly with respect to applications for 21 disciplines of broad and super speciality Post Graduate medical education submitted by the petitioner College.
Final Decision
Not mentioned in the provided excerpt.
Law Points
- Approval for starting new PG medical courses requires compliance with Post Graduate Medical Education Regulations
- 2000 and MARB Regulations
- 2023
- Section 28(6) National Medical Commission Act
- 2019 provides a second appeal against MARB decisions
- Essentiality Certificate requirement may be kept in abeyance by the National Medical Commission for an academic year
- AEBAS attendance per unit is a relevant criterion for faculty compliance
- Teacher-student ratio for a Professor is 1:2 for degree courses in broad specialities and 1:1 for other cadres
- while for pre-clinical subjects the ratio is 1:3 for Professors
- The requirement of units and beds does not apply to postgraduate degree or diploma courses in basic and para-clinical departments.
