TRR Institute Of Medical Sciences v. declare the same as without jurisdiction

Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to implead the petitioners herein as proposed Respondents. lA NO: 2 oF 2023 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to modify the order dated 16-03-2023 in w.p.No. 42853 of 2022 byfurtherdirecting the Respondent No.6 University to instruct the reafiocated coflege to refund from the total fee paid by Petitioners, an arnount equivalent to the fees that wourd be collected/deducted by the writ petitioner towards the tuition fee for the period that they have imparted education to the Petitioners herein till they were transferred to the reallocated College. lA NO: 3 OF 2o23 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to have the w.P.No.42853 of 2022 listed under caption FoR BETNG MENTIONED" for enabling the petitioners herein to seek a modification of the orders dated .16- O3-2O23 and for obtaining necessary orders. Counsel for the Petitioner: SRt AM|T KUMAR, Sr. COUNSEL, REp. FOR SRI D.SRINIVAS PRASAD Counsel for the Respondent No.1: B.NARASIMHA SHARMA, ADDL. SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2: SRI R.NAGARJUNA REDDY, AGP FOR HEALTH, MEDICAL & FAMILY WELFARE DEPT. counsel for the Respondent No.3 & 4: M/s. GORANTLA sRr RANGA puJrrHA SC FOR NMC & MARD Counsel for the Respondent No.5: SRt A.PRABHAKAR RAO, SC FOR KNRUHS Counsel for the Proposed Respondent: SRI C.NARESH REDDY 6 WRIT PETITION NO:42 920 0F 2022 Between: Mahavirlnstituteoftvledicalsciences,A'nlnstitutionandaTrustconstituted under the aegis of fjii""eii,E"-fflrf'u"ii fvfgnprrgt Trust, having its registered office at r o_t _r, ana"gwlir"N/l| jnirii Hlirg, A.C. Guard s, Hyderabad-500004 Rep. by its Director Sri Dr' lsari K Ganesh' S/o Late lsari Velan' aged 56 vil[*, i-i:+0, sniurr"doy e"i, Vitaraoao, Vikarabad District' Telansana state - 501 102. ...PETITIONER AND its Secretary, Ministry of Health and Family Welfare' elhi- 110 001 1 Union of lndia, ReP. bY Nirman Bhawan, New D Medical Assessment and Ratings Board' Rep by il;;i;i cb-rmissio", Pocket-1 4'"Sector-8, Dwarka P o17. 2 its President, National hase-|, New Delhi - 110 3 4 5 NationalMedicalCommission,Rep.byitsChairman,AdministrativeSection' ij;i;i:i;,'"s;&"r.-4, Dra*, Pnasb-l' irlew Delhi - 110 017 ' State of Telangana, Rep. by its Secretary,. Hggltqglrd Family Welfare' BRK Bil;;, retan"gana Seiretahat, Hyderabad - 50o o22' Kaloii Naravana Rao University of Health Sciences, Rep. by its Registrar' Niza'mpura.Warangal, Telangana 506007 ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of certiorari by calling for the records in the second appeal beforeRespondentNo.lpreferredbythePetitionerinstitutionvideimpugned orderNo.11o13l1o2l2o22-ME-l(FTSNo.8183493)datedo711112022and quashing the same as it is discriminatory against the Petitioner institution in view of the order passed in similar circumstances in the case of MNR lvledical college vide Order dt. 07 09.2022 by the Respondent No'2 as arbitrary' illegal' discriminatory, u nco nstitutional and violative of principles of natural justice and violative of Article 14 of the constitution of lndia and consequently i) to set asicle the impugned order No. 11O1311O212O22-ME-| (FTS No' 8183493) rlated 07.112022 with the direction to the Respondent No' 2 to extend the permission granted vide order dated 14 1 I '2022 for 7 ii) iii) iv) v) session 2022-23 as wefi to students admitted is in session 2021-22 batch. to issue an appropriate writ, order or direction more particurarry one in the nature of writ of MANDAMUS setting aside the impugned order passed by the Respondent No.2 Medical Assessment and Ratings Board (MARB) dated 17.0i.2022 bearing No. NMC/MC|/ uGl2o20lo18326-36 withdrawing permission from petitioner for academic session 2021-2022 and decrare the same as without jurisdiction, illegal, arbitrary, contrary to the National Medical Commission Act, 2019 (NMC Act) and violative of Articles 1 , fi()@) and 21 of the Constitution of lndia. to set aside the impugned order passed by the Respondent No.3 National Medicar commission (NMC) dated 22.08.2022 bearing No. NMC/DS(NMC)/Appeat/ 2022-422tO31036_42 uphotding MARB decision to withdraw permission from petitioner for academic session 2021-2022 and declare the same as without jurisdiction, illegal, arbitrary, contrary to the National Medical Commission Act, 2019 (NMC Act) and violative of Articres ia, 19(txg) and 21 of the constitution of lndia. to issue an appropriate writ, order or direction more particurarry one in the nature of writ of MANDAMUS setting aside the impugned notification issued by the Respondent No.5 University on 1g.11.2o22 for shifting of pG students of petitioner rnstitution as arbitrary, discriminatory, iflegar, unconstitutionar, viorative of statutory provisions and violative of principles of natural justice. To direct the Respondent No.2 and 5 that 150 MBBS students admitted in the Petitioner lnstitution be shifted back to the petitioner institution and the fee returned by the petitioner institution in respect of such students be returned back to the petitioner Institution and they be permitted to continue and complete their MBBSipG Course in the Petitioner institution for academic year 2021_22 batch. 8 IA NO: 1 OF 2022 PetitionunderSectionl5lCPCprayingthatintheCircumstancesstated in the affidavit filed in support of the petition, the High court may be pleased to suspendtheoperationofimpugnedorderNo.llol3llo2l2o22-ltlE-l(FTSNo. 8183493) dated 07.11.2022 passed by Respondent No 1 pending disposal of the writ petition IANO:2OF 2022 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated intheaffldavitfiledinsupportofthepetition,theHighCourtmaybepleasedto suspend the notification issued by the Respondent No'5 University on 18.11.2022 for shifting of PG students of Petitioner lnstitution pending disposal of the writ petition. IA NO: 3 OF 2022 Petition under section 151 CPC praying that in the circumstances stated in the affidavlt filed in support of the petition, the High Court may be pleased to direct the Respondent No.1 to 5 not to take any coercive steps in transferring PG students for the academic yeat 2021-22 from Petitioner lnstitution to other colleges, pending disposal of the writ petition' 9 lA NO: 4 OF 2022 BETWEEN l. B. SrilakhmyManasa, D/o. Sundar Aged 20 years, Occ: I Reallocated to Karnineni Institute olMedical Science, $ year MBBS Student,

2. VamamRashmitha, D/o. Jaipal Reddy, Aged 20 years, Occ: l{ year MBBS Snrdent, Reallocated to Mallarcddy Medical College for Womeo,

3. SirigiriAmulya, D/o. Thirupathi, Aged 20 years, Occ: I't year MBBS Studen! Reallocated to Mallareddy Medicat College for Women,

4. GaddamSathwik, S/o. Srinivas, Aged 20 years, Occ: I.t ycar MBBS Student, Reallocated in Prathima Institutc of Medical Science, Karimanagar,

5. PratyushaPasumarthi, D/o. prasad pasumarthi Aged 20 years, Occ: I't year MBBS Student, Reallocated Mamatha Medicat College, Bachupally,

6. B. Veera Raghava, S/o. B. Veera fhargava, Aged 20 years; Occ: l.tyear MBBS Student, Reallocated in Apollo Medical college ofscience and Research ' 7, BoddupalliAkshitha, D/o. B. Srinivas, Aged 19 years, Occ; I.tMBBS Student, Reallocated to Maltareddy Medical College for Women,

8. Palle. KarithikeyaGiri, S/o. palte. Sriharinath, Aged 20 years, Occ: l.t year MBBS Student, Reallocated to Apollo Medicat College ofscience and Research

9. G. Abhishakth, S/o. G. Krishnaiah, Aged 18 years, Occ: MBBS I't year Studenq Reallocated to Mattareddy Medical College, I }_\ t0. Jc:;sica Michael D/o. James Michacl, Ag:d 20 years, Occ: 1" year MBBS Studcnt, Reallocated to Chelmeda Anand Rao lnstitute of Medical Sciences I l. Sh..,am Deepthi Reddy, d/o. Shyam Kasi reddy. Agcd 20 years, Occ: l't Year MBBS Student, Alloftcd to Mallareddy Mediclt College for Women.

12. JaggariDharini, D/o. J. Sridhar Reddy, Aged 20 ycars, Occ: I't year MBBS Student, Reallocated to Matlareddy Medical College for Women' I 3. Prcm ireddyTejaswini, D/o. P- Srveshwar Rcddl . Aged 20 years, Occ: I't year MBBS Student, Rcallocated Maltareddy Medical College for Women,

14. Sravani, D/o. Venkat Rao, Aged 22 years, Occ: I't year MBBS Student, Reallocated to Matlareddy Medical College lor u'omen

15. Bhiuanam Dharani, D/o. B. Konda Redy, Aged 19 years, Occ: t't years MBBS Student, Reallocated to RVM Institute of Medical Sciences

16. Badavath Tejaswi, S/o. Vasu Aged 19 years, Occ:Studcnt (RVM Collegc)

17. Tangallapally Sri Chandana, D/o. Bhaskara Chari Aged 19 years, Occ:Student (RVM College)

18. Kanugula Akshitha, D/o.Jogaiah, Aged 23 years, Occ:student reallocated to RVM College,

19. Velupuri Lakshmi Apoorva Aged 19 years, Occ:Student (RVM)

20. Y. Mounika D/o. Madhusudhana Chary, Aged 19 yean, Occ:Student (Kamineni)

21. G. Udaya Sri, D/o. G. Srinivas, Aged 20 years, Occ:Student (Kamineni)

22. A. .Anusha, D/o. A. Yadagiri, Aged 22 years, Occ:Student (Kamineni)

23. K. Sai Chandana, D/o. K. BasaPPa Aged 19 years, Occ:Student (Kamineni)

24. D. Suma, D/o. D. Sugunakar, Agcd 2l years, Occ:Student (Kamineni) ,,:gfi: "t,,

25. P. Nikhirha D/o. p. Swamy, Aged 19 years, Occ:student (Kamineni) 2 )

26. Divya Sri Koduri, D/o. Ravinder Babu Aged l9 years, Occ:strldent ( Kamineni) 27 . Adwi Rupa Sri Laxmi, D/o. Aduri Srinivas Rao, Aged l9 years, Occ:Student (Kamineni)

28. Felicia Joy Sagar, s/o. M. Manohar Sagar Aged 2l years, Occ:Studenr (Kamineni)

29. K. Yasaswini Reddy, D/o. Appa Reddy, Aged 19 years, Occ:Str.rdent (Mallareddy college)

30. E. Spoorthi, D/o. Earla Mallikarjun Aged l9 years, Occ:Student (Mallareddy college)

31. M. Nandini, D/o. M. Venkata Ramana, Aged 19 years, Occ:Student (Malla Reddy)

32. V. Vanditha D/o. V, Anil Kumar, Aged 18 years, Occ:Student (prathima college)

33. T. Pujidra D/o. T. Sridevei Aged 19 years, Occ:Student (prathima coltege) AND ..PETITIONERS PROPOSED RESPONDENTS ' ' l. Mahavir Institute of Medical Sciences An Inslitution and a rust constituted under the aegis : Bhagwan Mahavir Memorial Trust, Having its registered office at # 10-1-l Bhagwaa Mahavir Marg AC Guard, Hyderabad 500 004 rep by its Director Dr lsari K.Ganesh S/olate Isari Velam Aged 56 years R/o # 2-4-40, Shivareddypet Vikarabad, Vikarabad Disrrict TS 501 102

2. Union of India Rep by its Secretary Ministry of Health and Family Welfare Nirman Bhawan, New Delhi I l0 001

3. Medical Assessment and Ratings Board (MARB) Under Graduate Section Rep by its President National Medical Commission Pocket- 14, S€ctor-8, Dwaraka phase-l New Delhi I I0 017 .. RESPONDENT PETITIONER /)\l Admrflstratrve Secuon, rep by its uhalrman Pocket- 14, Sector-8, Dwaraka Phase-I Nerv Deihi t l0 017 \

5. State of Telangana Represented b) its Principal Sccretary Hcalth & Fanrill- Wellare []llK L]h,rvirn. I :langana Secrctariar Ijvdcrahad 500 007 6 Kalo-1i Naralana llao Univcr5ily'ofl{ealth Scicnces Rep b;' its I{cgistrar, Niza.nrpura W-aranqal, l-clansana 506 007 ITESPONI)EN'TS I{ESPONI)I]N'I'S Petit on under Se ction 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to rmplead the petitioners herein as Proposed Respondents. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to have the W.P.No.42920 of 2022 listed under caption "FOR BEING MENTTONED' for enabling the petitioners herein to seek a modification of the orders dated 16- O3-2O23 and for obtaining necessary orders. lA NO: 2 OF 2023 Petition under Ser:tion 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to modlfy the order dated " 6-03-2023 in W.P.No.42920 of 2O22by further directing the Respondent No.6 University to instruct the reallocated College to refund from the total fee paid by Pet tioners, an amount equivalent to lhe fees that would be collected/deducted by the Writ Petitioner towards the tuition fee for the period that they have imparted educatlon to the Petitioners herein till they were transferred to the reallocilted College. Counsel for the Petitioner: SRI Dr. VENKAT REDDY DONTHT REDDY Counsel for the Respondent No.1: B.NARASIMHA SHARMA, ADDL. SOLICITOR GENERAL OF INDIA counser for the Respondent No.2 * ., $f;3RTiil[lfoflso*no puJrrHA, Counsel forthe Respondent No.4; SRI R.NAGARJUNA REDDy, AGP FOR HEALTH, MEDICAL & FAMILY WELFARE DEPT. Counsel for the Respondent No.5: SRI A.PRABHAKAR RAO, SC FOR KNRUHS Counsel for the Proposed Respondent: SRI C.NARESH REDDY WRIT PETITI ON NO:4 3058 0F 2022 Between: '1. Mr P^iyush Soni, S/o_. Mr. Gowri Shankar Soni, Aged about 19 years, FUo.22- 5-778, Fatauilah Baig, Mir Chowk, Charmin"ar, HVO"rrLiJ-'_"' b[r"OObz, Telangana. 2. Mr. P. Samuel Raj, S/o. Mr. p. Raj Babu, Aged about 22years,Rto.2_14_171, 3. Mr Sanket Shetkar, S/o. Mr. Shivakumar Shetkar, Aged about 21 vears. Rt/o. Beerappaguda, Ufpal, Rangareddy _ SOOOSt, Tetangr*'-- -' 209, Jamgi Road, Santhpur, Bidar - SBS421 , t<imdtatla i ,vqre' I \ - AND ...PET|TIONERS 'l . Unionof lndia,throughilp.sgcrglqry,Ministryof HearthandFamirywerfare, Ninnan Bhawan, New Delhi - 1i0O0i.

2. state of relanoana. through its secretary, Department of Health and Family Wetfare, BRK 6hawan, reirng;ni S-eii"tarii'fiivoerauao _ s-ooozi - ' -"' 3. Kaloji Narayana nag U_ryllls-lty_of Health Sciences, through its Registrar, Nizampura, Warangal - 506007,'Telangana.

4. Medical Assessment and Ratings..Board, through its president, pocke!14, Sector-8, Dwarka phase-|, New Selhi - 11OO1i.-

5. National Medicar commission-,- through its chairmanpocke!14, Sector€, Dwarka Phase-I, New Delhi - 11'0017. TRR lnstitute of Medical Sciences, throu Nagar, lnole (V), Patancheru (M), Sahgared o its Dean and Principal, TRR -502319, Telangana. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ, order or direction in the nature of Mandamus declaring the proceedings No. NMC/UGR/2o2otooo326 dt. 13t0412o22 and proceedings No. NMCiUGR/2020l 0003261017488-97 dt. o4to5t2o22 issued by the 4th Respondent as confirmed in first appear by the Sth Respondent by orders in proceedings No. 21334/Legal/MARB/ 021439-42 dt. 1sto6t2o22 and further confirmed in second appear by the 1st Respondent by orders in proceedings No. v-11o1319012o22-ME-t (FTS No. B17sBs2) dt. ottl'tt2o22 and atso the memo issued by the 2nd Respondent bearing Memo No. 4sg6tc1l2o22 dl. 1glost2o22 in cancelling the admissions in MBBS course for the academic year 2021-2022 in the 6th Respondent college and further reallocating the petitioner students a{ready admitted and pursuing the 1st year MBBS course to other colleges as I2 arbitrary, illegal, without jurisdiction and consequently set aside the same and direct the Respondents 2 to 5 to repatriate/shift back the Petitioners/students admitted in the 6th Respondent college for the academic yeat 2021-2022 from newcollegestothe6thRespondentcotlegeenablingthemtopursuethebalance MBBS course lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspendtheoperationofordervideNo'NMC/UGRy2o20/000326dt.13.04.2022 and order vide No. NMC/UGR/2O20\000326|017488-97 dt. 04.o5.2022 passed by the 4th Respondent cjuring the pendency of this Writ Petition' Counsel for the Petitioner: M/s. K.MAMATA, REP' FOR SRI M'SRIDHAR Counsel for the Respondent No.1: B.NARASIMHA SHARMA, ADDL. SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2: SRI R.NAGARJUNA REDDY' AGP FOR HEALTH, MEDICAL & FAMILY WELFA.RE DEPT. CounselfortheRespondentNo.3:SRIA.PRABHAKARRAO,SCFORKNRUHS counsel for the Respondent No.4 & 5: M/s. GORANTLA SRI RANGA PUJITHA' SC FOR NMC & MARD WRIT PETITION NO:1 3940 0F 2023 Between:

1. Bona Prem Chand, S/o B Hari Babu, Aged About 21 Years Hot No'204' ?ashodha Nilayam, Kuktpally, Medchal, Telangana' 5ooo72

2. Ashwini Bhanumathi, D/o Ashwini Balaraju, Aged About 19 Years Plot No. - +si, Sr.yrprakash Satelite Township NeaiYenhepally, Vikarabad, 501'101 3. Patewar Durgesh Dattatray, S/o Dattatray, Aged About 21 Years Near Venkatesh Girden Main Roid Loha,Maharashtra-431 708.

4. Hashmi Tuba Fatema Raees, D/O Raees, Aged About 21 Years Rahmat' Nagar ln Front Of Sp Office Beed 431 122

5. Sai Ram Guguloth, S/o Deshirarn, Aged About 22 Years Sri Shanthi Nagar Cotoby RoadNo.2, Hanmkonda,Warangal-506001 .

6. Bhilavath Sai Venkata Rohith, S/o Bhilavath Lakshma Nayik, Aged About 20 Years B. Lakshmanaik, Bm, Lic Of lndia, Branch Office Vinukonda 522647 7. Peddagoni Sai Adithiya Goud, S/o Peddagoni Venugopal Goud, Aged About 20 Years H.No. 13-143,Sai Nagar Near ldeal School, Tupran, 502334 l3

8. saichand Mandava, s/o lvlandava shaba, Aoed About 23 years Frat No 303 9. Gore. Savyasachi, S/o Gone Rajendar, Aged About 21 years H.No.g_3_44l1 Road No 1 3 Sreenikethan, Abhinandana, Affipasociety-500081. Vemulawada, Vemulwada-SO5302.

10.BogaAmit, S/o Boga prem Kumar, Aged About 19 years H.No.6_7611 1st Lane Sn Nager Colony, Kothagudem, 507.101 1'1 ..Dachapally Sree Qai Kumar Reddy, S/o.Dasharatha Reddy, Aged About i9 Years,^Flat No. 501, Sai Nivaspts, Dwaraka ttagar, Ha-t'i!a6rir-5"Lti,- 500070

12.Patil, Disha Satyasen, D/o- Satyasen, Aged About 20 years, Shirol (Va), I aluka Nilanga, Dist. Latur, t\i,laharashtra-413530.

13. Veerubhotla shanmuka Kedarnath, s/o VeerubhoUa Srinivas sharma. Aoed About 19 Years, H.No. 11-2-472114, Namalagundu Secundribad _50006i "-- 14.V 9atla S-ai.Sharath Kumar, S/o V V N Satyanarayana, Aged About 20 years, -- -' H.No.C-72, Vanasthatipuram, Hyderabad, RangaredOy'Oiit, SOO-OZ(j.-- 15.9iddipeta. Mokshith Rgd!y_., $ig SiddipetaAnantha Reddy, Aged About 1B Years, PIat No. 204 Sri Sai Residency, prasanth ttagii,'Vinasiatiprir, 500070

16.Bagu Hemanth Mahesh, S/o.Rama Bhaskara Rao, Aged About 21 years, Borrarn Palam, T Naraspuram, West Godavari, Ap-5344-5 j.

17. G^arikapati sai Prudhvi Nath, sio.Garikapati venkata Ramarao, Aqed About 1q Years, Plot No. 502, Sarada Nilayam, Opp. power Cujjanag;-Cuntui 522006 '18. Narlawar Sakshi Balajirao, Sio Balaji, Aged About 2.1 years, At post Ram Galli Near Hanuman Mandir Narsi Tq Naigaon Dist Nanded_43170g.

19. Sawale Deepali-Chandrashekhar, D/o Chandrashekar, Aged About .19 years, Pandharikrupa, Newadarsh Colony Jalkot Road , Udgir-4i35.17

20.Poola YF.nign Sujithl(umar, Sio paota poorna Chandra Rao, Aged About 20 Y.ears, Flat No. 504, Rohini Residency, Venkataramana Colony,-Road No..l1. Hasthinapuram, Hyderabad-500070. -

21.9ingaram. Niharika, D/o Singaram Yadagiri Nivas, Aged About 20 years, H !9.1-_8^9, Hazipally, Farooqnagar Manda-|, Mahaboodnagar Dist. Telanglna 509410 22.Gadi Akshitha, D/o Q Anjanaiah, Aged About 20 years, 41t4_2, 23.Nig-awad Rohith.Reddy, S/o Nigawad Mutyam Reddy, Aged About .tg years, Kothapeta, Kumool-51 800 1 - H. No. 3-4-101, Kisangally, Baimsa, Nirmai,Aditabad-i;O+iOa

24.Kilalanhi.Usha Sree, D/o Kilaparthi Rambabu, Aged About 19 years, D.No.9_ 3-46, gth Ward, Saanthinagar, Narsipatnam, Ank5palli-531 1 16

25.Kummari VqTgllkq, D/o Kummari Venkata Ramana, Aged About 21 years, H.No. 1-3-'127115, Sastry Nagar Nirmat-504105 Niketan Colony Osmanbad, Maharashtra4l 3501 -

26.Patil Sakshi Babasaheb, D/o Babasaheb patil, Aged About 2O years, Shanti

27. Mucherla Satya Bha.rgava Sri Vasthav, S./o.Mucharla Subhakara Raja, Aged fOoy! 2O Years, H.No.'t4-13-3914 Narsapur, Roypeta, West Goda#aii Djst_ 534275

28. Garathi Santhoshi, S/o Ganthi Vara Prasad, Aged About.tg years, H.No.2-2- 'l 47 19 N, Adarshanagar, Tandur, Vikarabad Dis[rict-SOO.1 02 T4

29. tvluthvala Shreshta, D/o Muthyala Venkatesham, Aged^About 20 Years' Plot -" r.r". z'a, Arvrn R"driynrgat, Rdngareddy, Telangana-500097

30.Dongari Sai Santosh Dheeraj, S/o- D-ongari Yeais, Jeedimetla, Janapriya Apst B Block-259 -Navin Chandra' Aged About 19 ...PETITIONERS AND 1 Union of lndia, Through its secretary' Ministry of Health and Family Welfare' Nirman Bhawan, New Delhi- 110 001 2 J 4 5 StateofTelangana,Throughitssecretary,HealthandFamilyWelfareBRK Bhawan, Telan-gana Secretariat Hyderabad - 500 022 Kaloii Naravana Rao University of Health Sciences, Through its Registrar' Niza'mpura, Warangal, Telangana 506007 Medical Assessment and Ratings Board, Through its President, Pocket-14, Sector-8, Dwarka Phase-l New Delhi - 110 O17 National Medical commission, Through its chairman Pocke!'l4, Sector-8, Dwarka Phase-l New Delhi - 110017 Mahavir lnstitute of Medical sciences, Through its Director, Bhagwan Mahavir IVtarg, A C Guards, HYderabad 500004 ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of the writ of [Vtandamus declaring the Minutes of Meeting No' NMC:222S2:LEGALMARB/ dl. 29.03.2023 passed by the 4th Respondent as illegal, arbitrary, without application of mind, violative of Articles 14, 19(1)(g) and 21 of lhe constitution of lndia and consequently quash the Minutes of Meeting No. NMC/22252ILEGALMARBT dt. 29.03.2023 passed by the 4th Respondent and direct the sth Respondent to issue necessary proceedings for repatriating the writ petitioners to 6th Respondent college for pursuing MBBS (UG) Course (by revoking the withdrawal of Letter of Permission dt. 17.05.2022 to 6th Respondent). lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed n support of the petition, the High Court may be pleased to l5 rssue necessary proceedings for repatriating the writ petitioners to 6th Respondent College for pursuing MBBS (UG) Course. Gounsel for the Petitioner: M/s. K.MAMATA, REp. FOR SRI M.SRIDHAR M/s. CKR ASSOCIATES Counsel for the Respondent No.1: B.NARASIMHA SHARMA, ADDL. SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2: SRI R.NAGARJUNA REDDy, AGP FOR HEALTH, MEDICAL & FAIUTILY WELFARE DEPT. Counsel for the Respondent No.3: SRI A.PRABHAKAR RAO, SC FOR KNRUHS counsel for the Respondent No.4 & 5: M/s. GORANTLA sRl RANGA puJlrHA, SC FOR NMC & MARD WRIT PETIT]ON NO: 13976 0F 2023 Between: 1 Kata Krishna Chaitanya, S/o Kata H.No.24-3-2, Plot No.2, Road Kanchanbagh, Hyderabad-S00058 Rama Krishnaiah, Aged about 20 years, No.S, Sitha Medows, Badangipet, 35/3, I eachers Colony, Adilabad, Telangana_S0400.1

2. Padig_elwar Poojitha, D/o Padigelwar Kishore Kumar, Aqed about 20 vears. 9- 3 i:lt"Sl]lq{ Priya,.D/o Pakeer Raghu Ram, Aged about 31 years, H.No.B_1_ 6E/A/1/60,Vinayak Nagar,Shaikpet,Golconda,Hyderabad,Tela'ngana_5000O8 4. Bagagoni Sai Sri, D/o Harishanker, Aged about 19 years, 8-12914, J p Colony, Patancheru, Sangareddy Dist., - 5. Mamidi Karthik Reddy, S/o Mamidi Janqareddv. Aqed about 19 vears. H. No. 1 -54 1 1, Penjerla, Kothur Mandal, Mahbubna jar, T=elangana-50922'B 6. P.uddha Bhavana, D/o Ramakrish.na, Aged about 19 years, 7_3_346, 7 llupa Vijay Kumar,.S/o IVI Babu, Agred about 19 years, 8-2-.109/3il , Apseb 8. Sanket, S/o. Shivakumal, Aged about 21 years, 2Og, Jamgi Road, Santhpur, Vijaynagar Colony,-3, Khammam, Telangand SO7 OO2 Cotony, Sagar Raod, Hyderabad-500079. Bidar, Karnataka-585421 .

9. Pooja_Singh, D/o Subhash Chandra Singh, Aged about 21 years, plot - No.1059, Asbestos Colony, Jagargutta, Ba la-naga r] Kv RangaredOy SOOO:Z 10.S Sankalp,. S/o.S -Jagadeesh Babu, Aged about 19 years, plot No. 10, K.N 1'l .P Sameul Raj,..S/o f_eryi Raj Babu, Aged about 22 yearc,2-14-177, Enclave, Srinivas Nagar, Kapra, Hyderabad b00062 tseerappaguda, Uppal, Kv Rangareddy, Telahgana-50039

12.Piyush .Sgni, Q/9 Gown Shankar Soni, Aged about 19 years, 22-5-778, Fataullah Baig, Mir Chowk, Channinar, HyaeEOaC 500002

13.fpe9na Naaz, S/o Mohd Mujahed Ati, Aged about 21 years, H.No.8-3- 2341347, Laxmi Narsimha Nagai Yousufguda,Hyderabad Te16ngana-500045 t6 i'?ll'Hn"iri' '^ft ;d,H,;:?rHhii::'il:#t"1"""8i::.*'"'lft ,u,.fjxf; I,*:""#;s;15.?ffi ms"::rt,t",!?iFx'H*':.:'"::': ,,.[ffi '?:$'i3'^I"^": * 1 e ve a rs' B -3 2 1' if,,r,,*li*:l"ii*',t*'**"1='ir"Utu"f, i"n X, ?[H ffi ,y g [ilil "i :n""*nga:: t63:$3:: on"o about 1e vears' g?i'fr ,, y,,o ,,' k#?fi"ffi,T:rll ;a:t,n,*:11*,'-el*l;: '"fi til,.;,j;:,'-ru:iul[*"gt'*f l?"]'l$t['i5'J'0383'b13i''?1'l;3l'; ,' lih*uxlrn:H i"#e:l:%'tq s'^ ::: : ":,:; :" ", ;]..1 ;'; ,,I3fl [B,ti6:?1"f"""*H+';'-'*at%?Xi'&T"3?'I33i'l?;1'J"'#]' fu i8#aT*'n

500070. "i5:B:'*:,3;i:i3P3|;S'Jf,lix:,it"J."-E':''#:I'":::5*I'?5fi ,.gft Xitl,,i,l?:;Bll,l'a'lijl,*'i,",tSuru;i?,%$#vears'HNouu',',:' -;,Tili'::'+':e*3""t"*aboutle'"'*:'*: "fa59i,?i5tg::r1,:,:f ,,t':?.,lx,f lJ]hfi:gi,;fl ffi :;fiiTal,",*at9?,1'?Tt'."1l3::":::- "%:Bltt3::lgfl s#L?rt##"%Ts'Ttf"^"s-4"'g't$ii;o[Trs'HNo ,,8"xs,1J#;5.5ai:1ik',[i"-,?{,?:,1ffi !iT3*"4fl:1.f."#.:'::. about 1e *"* * *:,' "3[1fl'":3g':,0:l:tlli[g:i*:,tt*"**i'''l':'*3'?J%;;u3"'"*"" ,n o"E*S[211fr*:f#rifr,";:ru:,5:Ll,ll8SS 30BestlSaiel,r*.tk",,,r'";"{',IlUffn'*fm,f gfi|Aild".'J,?l33fii''}iaT eurvsir" "-- ..'ETITIONERS 178, Parvathinagar' ^arvarro AND 1 2 e Ministry or Hearth a nd Famirv werrare' Hllli:""l l**? JllSstJJlf;,'ii6"3'.? 8iiill i"JeHlx? JJJ:ii3lit.n;s:EHI' lSS 3't "Kul r,r,l"f6:, Y:',:""'r'iY""JoE'33)n },1r nd F amirv werf are B RK S ci e n ce s' r h ro u g h its Re g istra r' l7

4. Medical Assessment and .Ratings Board, Through its president, pocket-14, Sector-8, Dwarka phase-t New ftlhi _ 11O O17

5. National Medicar comm.ission, Dwarka Phase-l New Delhi - 11OO1l - -Tirough its chairman, pocket-14, sector-8, 6. TRR lnstitute of Medicar science_q, Through its Dean and principar, TRR, Nagar, Mole (V), patancheru (M), Di;tt. SanlareOOy,ieia;g;na _S0iti'g ' ...RESPONDENTS .Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particurarly one in the nature of the writ of Mandamus declaring the Minutes of Meeting No. NM0|22252|LEGALMARB/ dt. 29.03.2023 passed by the 4th Respondent as illegal, arbitrary, without application of mind, violative of Articles 1 , 19(1Xg) and 21 of the constitution of lndia and consequenfly quash the [Vlinutes of Meeting No. NMC/22252ILEGALMARBI dr. 29.03.2023 passed by the 4th Respondent and direct the 5th Respondent to issue necessary proceedings for repatriating the writ petitioners to 6th Respondent college for pursuing MB13s (UG) course (by revoking the withdrawal of Letter of permission dt. 13.04.2022 to 6th Respondent). lA NO:1 OF 2023 Petition under Section 15'l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High cou( may be pteased to issue necessary proceedings for repatriating the writ petitioners to 6th Respondent College for pursuing f\rBBS (UG) Course. Counsel for the Petitioner: M/s. K.MAMATA, REp. FOR SRI M.SRIDHAR Counsel for the Respondent No.1: B.NARASIMHA SHARMA, ADDL. SOLICITOR GENERAL OF INDIA Counsel forthe Respondent No.2: SRt R.NAGARJUNA REDDY, AGP FOR HEALTH, MEDICAL & FAMILY WELFARE DEPT. Counsel for the Respondent No.3: SRI A.PRABHAKAR RAO, SC FOR KNRUHS Counsel for the Respondent No.4 & 5: M/s. GORANTLA SRI RANGA PUJ|THA SC FOR NMC & MARD 18 WRIT PETITI ON NO: 140 110F 2023 Between: 1 2 J 4 5 6 AND 1 2 J 4 5 6 -About tvlohammed Khaia Faizoddin, S/o Mohammed Rukmoddin' Aged fO.qu!.:l V;;E' ri:ffi il ti6riiri,- ciit' r.ro.os, sri Dharani Na-s^ar, Phase-2' Nethaji r.ri6rr siliru ttrGian,,'r v Ranga Reddy, Telangana-500083 qq Yq?t: Khaia Moeeduddin lvlaaz, S/o Khaia Fareed Uddin' Aged i] ivl.r)-z:iitj,ioii ci"ri,o Floor, F And colonv, Beside salama Hospital' netfriOowti, Vtc Mehdipatnam, Dist. Hyderabad, Atla Sudheer Reddy, S/o Atla Venkata Reddy, Aged About 27 Years H'Mo 5- 's;Isr;ihi;rsuruil, Santnimaguluru, Praka-sam,Andhra Pradesh-523302' Pandillapalli Sai Ketan, S/o Pandillapalli. Rama.rao,. Aoed About 30 Years irr*"."6:+serro, cayaih|.i N"s;; R;JJ N; ,' kgGtp-qllv, Near BJP orfice' fiiumaiagiri, Kukatpaily, Hyedarabad, Telangana-500072' Akula Vikram, S/o AkulaVenkatesham, Aged Abo-ut. 31 Years H'No' 338 Lir",ivr"ir,Ji c"ronv,'-oppkpr,u, Neir -Jntu, Kukatpallv'Hyedarabad' Telangana 500072 ThirupathiKasaraju, S/o llaiahKasaraju' Aged Abolt 35 Years H'No'3-2' jr.qJ[""Jr'p;i -Eiuir'rrtt a, Jeelgu[ Jeelgula, Elkathuth ' Karimnagar' Telangana-505498 ...PETITIONERS Union of lndia, Through its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi- 1 10 001 StateofTelangana,Throughitssecretary,HealthandFamilyWelfareBRK Bhawan, Telan-gana Secretariat Hyderabad - 5O0 O22 Kaloii Naravana Rao University of Health Sciences, Through its Registrar' Nizahpura,'Warangal, Telangana 506007 Medical Assessment and Ratings Board, Through its President, Pockel14, Sector-8, Dwarka Phase-l New Delhi - 11O O17 National Medical commission, Through its chairman Pocket-14, Sector-8, Dwarka Phase-l New Delhi - 110O17 Mahavir lnstitute of Medical sciences Through its Director, Bhagwan Mahavir Marg, A C Guards, HYderabad 500004 ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of the writ of lvlandamus declaring the Minutes of Meeting No' NMCI222SIILEGALMARB/ dt. 29.03.2023 passed by the 4th Respondent as illegal, arbitrary, without apptication of mind, violative of Articles 1a' 19(1)(g) and t9 2'l of the constitution of lndia and consequenfly quash the Minutes of Meeting No.NMC/222S2ILEGALMARB t dt. 29.03.2023 passed by the Respondent and direct the sth Respondent to issue necessary proceedings for repatriating the writ petitioners to 6th Respondent college for pursuing pG course by revoking the withdrawal of Letter of Permission dt. 11 .O5.2022 to 6th Respondent. lA NO: 1 OF 2023 Petition under Section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to issue necessary proceedings for repatriating the writ petitioners to 6th Respondent College for pursuing pG Course. Counsel for the Petitioner: M/s. K.MAMATA, REp. FOR SRI M.SRIDHAR Counsel for the Respondent No.1: B.NARASIMHA SHARMA, ADDL. SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2: SRI R.NAGARJUNA REDDY, AGP FOR HEALTH, MEDICAL & FAMILY WELFARE DEPT. Counsel for the Respondent No.3: SRI A.PRABHAKAR RAO, SC FOR KNRUHS Counsel for the Respondent No.4 & 5: M/s. GORANTLA SRI RANGA PUJITHA, SC FOR NMC & MARD The Court made the following: COMMON ORDER THE HON'BLETHEC HIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTIC E J.SREENIVAS RAO WRIT PETITION Nos.42853, 42920.430s A of 2022, 13940 13976 alad, l4OL L of2023 COMMON ORDER: Per the Hot'ble the CLLEJ'Justice Atok AracLhe) Mr. Amit Kumar, Iearned Senior Counsel representing Mr. D. Srinivas Prasad' learned counsel for the petitioner in W.P.No'42a53 of 2022' Dr. Venkat Reddy Donthi Reddy, iearned Senior Counsel for the petitioner in W P No'4292O of 2022 Ms. K. Mamata, learned counsel representing Mr. M- Sridhar, learned counsel for the petltloners tn W.P.Nos.430 58 of 2022; l3g4}' 73976 and l4Oll <tf 2023' Mr. B.Narasimha Sharma, iearned Additional Solicitor General of India for Union of India' 4 Ms. Gorantla Sri Ranga pujitha, learned Standing Counsel for National Medical Commission ald Medical Assessment and Rating Board Mr. R. Nagarjuna Reddy, learned Assistant Government Pleader for Health, Medical and Family Welfare Department.

2. W.P.Nos.42853 ol 2022 and 42920 of 2022 have been filed by the TRR Institute of Medical Sciences ald the Mahavir Institute of Medical Sciences (hereinafter referred to as 'institutions'). W.p.Nos.43058 of 2022 andW.P.No.13940 of 2023 have been filed by three and thirty students respectively, urho u,ere admitted to the TRR Institute ol Medical Sciences and the Mahavir Institute of Medical Sciences respectively. W.p.No.l3976 ol 2023 has been filed by thirty students, u,ho were admitted to TRR Institute of Medical Sciences. W.p.No. 14O 1 1 of 2023 has been filed by six students, rvho were admitted to post Graduate course in Mahavir Institute of Medical Sciences. .,]

3. The cLLallenge in these ri-rit petitions' r'aliilitv of orders dated 13.04 .2022 and, 17 'O5'2O22 passed b1- the Medical Asscssment and Rating Board, I;]' s'hich permission granted to the institutions has been rT 'ithdrau'n' The petitioncrrs have also assailed the vaiid itl o f th c orders dated 15.06 2022 and' 22.08.2022 passed in appeals by National Medical Commission of India as u'el1 as validitv of order dated 07 .11.2022 in an appeal preferrecl under the NMC Act passed by the Centrai Government The institutions rave also questioned the validitl- of the action of the official respondents in shifting the students to other medical colleges in the State of Telangana and have sought for a direction that the students be shifted back to the instituttons

4. A comtnon issue arises for consideration in al1 these u,rit petitions, namely the validity of the action taken b1' the Medical Assessment and Rating Board (hereinafter referred to 'MARB') in u,ithdrawing the letter of permission to the institutions. Therefore, all the urrit petitiol-ts rt'er'.: heard analogously and are being decided by this commot-r order. 6 For the facilitv of reference, facts from W.p.No.42B53 of 2022 are being refcrred to.

5. The TRR Institute of Medical Sciences rvas granted permission on 15. 1O.2O2O by the MARB to establish a medical college in Sanga Reddy District, State of Telangana, with an annual intake capacity of 15O seats in MBBS course. On 30.09.202 l, MARB gralted permission to the petitioner institution to admit the second batch of 150 students for the academic year 2021-2022. Thereafter, on 26.11.2021, MARB conducted a two_day surprise inspection in the petitioner institution and found the deficiencies in respect of faculty residents/tutors, quality of clinical material, number of beds in emergency medicine and ICU. It r.r,as also found that blood balk licence of the petitioner institution had expired and number of investigations ald operative procedures, including deliveries, are much less for th€ out patients and in patients and there was a deficiency of library books and journals. An assessment report was prepared and a sho,,x, cause notice dated 31.01.2022 was issued to the petitioner 7 institution b-v which the institution u'as required tc, submit the complia nce report on deficiencies as per the National Medical Commission's guidelines on or before 31.O3.2022 Thc institution was also suggested to develop the coliege r,r,ebsite to comply with MSR 2O2O and to provide information as per proforma shown in the u,ebsite.

6. The petitioner institution submitted an explaration on 29.O3.2022. Thereafter, arother surprise inspection was conducted on 3O.O3.2O22 in which shortage of t.eaching faculty to the extent of 78.5Oo/o and shortage of Senior Resident Doctors to the extent of 8Oo/o was found. During the course of inspection, it was found that there is no patient in Out Patient area and list submitted by the college is fictitious. It was also noticed that there are no doctors in Out Patient area to examine the patients. The MARB considered the reply submitted by the institution and it was noted that the deficiencies pointed out have not been corrected ald further deficiencies rrn ere found on 3O.O3.2O22. The MARB concluded that there was no improvement with regard to deficiencies even after issuance 8 of show cause notice to the petitioner institution. The MARB, by an order dated 13.04.2022, withdre\,\, the letter of permission granted on 30.09.2021 for first renewal and second batch of admission.

7. On the basis of the order dated 13.04.2022 passed by the MARB, the National Medical Commission issued an order dated 04.O5.2022 by which the petitioner institution was asked to appear in person. Being aggrieved by the aforesaid communication, the petitioner institution hled the writ petition, namely W.P.No.2376S of 2022. The said writ petition was disposed of 'by a Division Bench of this Court by an order dated 19.05.2O22 with a direction to dispose of the appeal preferred by the petitioner institution under Section 22(3) of the National Medical Commission Act, 2O19 (hereinafter referred to as, ,,the 2Ol9 Act"l, pending before the National Medical Commission. The National Medical Commission, by an order dated

15.06.2022, dismissed the appeal.

8. The petitioner institution thereupon lrled an appeal under Section 9 (6) of the 20 19 Act before the Central 9 Government. The Central Government, by an order dated 05 .OB .2022 . confirmed the order passed b1' thc N ational Medical Commission and dismissed the appeal preferred by the petitioner institution. Thereafter, the MARB issued a letter on 2l;.O8 .2022 to the Secretary, Government of Telangana, by u,hich reallocation of 150 students to thirteen medical colleges from the petitioner institut'ion for the academic year 2O2l-2O22 \ /as approved as a onetime measure. In complialce of the a-foresaid order, counseliing vr.as conducted on 29 .O8.2O22 for reallocation of the students from the petitioner institution to other medical colleges for the academic yeau. 2021-2022. Thereafter, the students were shifted oo 07.O9.2022 to 13 medical colleges situated in the State of Telangana. The students u'ho were admitted to the medical colleges for the academic year 2O2l-2O22 are prosecuting in 13 medical colieges since 07 .o9.2022. g. The petitioner institution assailed the validi[' of the order dated 05.O8 .2022 passed by the Central Government under Section 9(6) of the 2019 Act in W.P.Nos.34241 ald l0 34180 of 2022. A Division Bench of this Court, by an order dated 16.09.2022, disposed of the writ petitions setting aside the order passed by the Central Government and the appea-l was remanded to the Central Government to reconsider the case of the petitioner institution by taking into account the order dated 16.08.2022 and, OT.O9.2O22 passed in favour of MNR Medical College by the Central Government within a period of two weeks from the date of receipt of a copy of the order. The reallocation of the students was made subject to outcome of the appeal which was to be decided by the Central Government afresh. Accordingly, the writ petitions were disposed of.

10. In compliance of the aforesaid order, the Central Government, by an order dated O7.i 1.2022, inter alia, held that the petitioner institution has accepted the deficiencies in ward composition as compared to MNR Medica-l College. The Central Government further found that the case of the petitioner institution is at variance from MNR Medical College. The Central Government accordingly dismissed the appeal preferred by the petitioner institution. Thereupon, ,.,.--.. the petitiorler institution has filed W.P.No.42853 of 2022, u.herein a u,rit of certiorari has been sought seeking quashment of the orders dated 13.04-2022' 75.06.2022 and O7.11.2022 passed by the MARB, the National Medica'l Commisston and the Central Government respectively. The petitioner in stitution also sought quashment of the order dated 17.11.2022 passed by the MARB grar-rting renewal permission for admitting third batch of 150 students to MBBS course for the academic year 2022-2023 and direct the MARB to extend permission granted for 2022-2023 to students admitted ,n ,921-2022. The petitioner institution has also sought a direction that the students who have been shifted to 13 medical colleges in the State of Telangana be shifted back to the petitioner institution and they be permitted to continue and complete their MBBS course frorrL the petitioner institution. In the aforesaid factual background, the ivrit petitions arise Ibr our considera tio n.

11. Learned Senior Counsel for the petitioner institution in W.P.No.42853 of 2022 has submitted that the order t2 dated O7. 71.2022 passed by the Central Government is in contravention of the order dated 16.O9.2022 passed by this Court in W.P.No.341BO of 2022 inasmuch as the case of the petitioner was not considered on par u,ith MNR Medical College. It is further submitted that the admission capacity of 13 medical colleges cannot be increased by transferring the students from the petitioner institution. It is contended that the action of the MARB in tralsferring the students from the petitioner institution has no sanctity in the eye of law, as under Section 26(1)(f) of the 2019 Act, the MARB has no power to transfer the students. It is further contended that under Regulation 3O of the Establishment ol New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses & Assessment and Rating Regulations, 2023 (hereinafter referred to as, "the 2023 Regulations"), the Board has no pou:er to transfer the students. It is also contended that Section 22(2) of the 2019 Act requires the decision of Autonomous Boards to be taken by majority of votes of the President and Members, whereas in the instant cases, the "..,.. orders havc bceu signed b1' the President only and therefore the impurgned orders are liable to be quashed'

12. Learne'l Senior Counsei for the petltloller ln W.P.No.4292 O of 2022 has submitted that under Section 26(1xf) of thc 2olg Act, the MARB has po\ver to recommend rvithdrau'al of recognition but cannot pass an order of r','ithclraq'al of recognition lt is' therefore' contended that the order passed by the MARB is per se vrrithout jurisdiction and the aforesaid aspect of the matter ought to hzrve been appreciated by the National Medical Commission as u'ell as the Central Government' Reliance has also becr-r placed on the 2023 Regulations'

13. Learnecl counsel for the petitroners in W.P.Nos.43058 of 2022, 13g4O, 13976 and 14011 of 2023 has submitted that the petitioners in W'P No' 14011 of 2023 were admitted to Post Graduate course in other medical colleges and their course q'or-rid be completed in the month of February' 2o2S.ltisfurthersubmittedthatthepetitionersinother three u'rit lretitions, namely W'P'Nos'43OSa of 2022' 13940 alrd 13976 of 2023 are prosecuting their MBBS t:ourse in l4 other institutions since OT .09 .2022. It is contended thar there is no provrsion in the 2Ol9 Act prescribing the minimum number of students prescribed for MBBS course. It is pointcd out that the petitioners in thc aforesaid r,r.rit petitior-rs be transferred back to the TRR Institute ol Medical Sciences and Mahavir Institute of Medical Sciences. It is submitted that a suitable order u.ith regard to refund of fee of the students be passed.

14. Learned Additional Solicitor General of India has taken us to the order dated 07. ll.2022 and has submitted that the mandate contained irr the order dated 16.09.2022 passed in W.P.Nos.3424l of 2022 and 34180 of 2022 has been complied nith and the contention urged on beha-lf of the petitioners that the order has. been passed by the Central Government in violation of the directions issued by this Court in the aforesaid writ petitions does not deserve acceptance.

15. Learned counsel for the National Medical Commission and MARB has submitted that the power conferred under Section 26(1)(0 of the 2019 Act is extensive in nature and I5 includes the po$'er to transfer the students from one medical collegc to another medical college. h-r suoport of the aforesaid submissions. reliattce has been placed on the Division Bench decision of the Punjab and Haryana High Court datecl 22.08.2024 in Civil Writ Petition No.206 I of 2024 (White Medical College and Hospital vs. Union of India). Refe.rence has also been made to the decision of the Supreme CotLrt in State of Bombay vs. Hospital Mazd.oot Sabhar. It is urged that the 2023 Regulations have no retrospective application and do not apply to t he fact situation of the cases, as lire aforesaid Regulations have come into force u,ith effect from 01.06.2023. It is pointed out that no pleading u,ith regard to the orders being invalid for want of quorum has been taken in the writ petitions. Alternativel1', it is submitted that Section 9(5) of the 2Oi9 Act provides; that no act done by the Commission shail be questioned on the ground of existence of a vacancl, in, or a defect in the constitution of, the Commission. It is also pointed out that the case of the institutions stands on a different footing than MNR Medical Coliege. It is also ' AIR 1960 SC 610 I6 pointeci out that the scope of judicial revielr, u,ith regard to the orders passed b-r, an expert body is limited and the impugned orders do not call for any interlerence in these .u,rit petitions. It is urged that there is a distinction between withdrarval of letter of permission and withdrar.r,al of recognition- It is urged that there is a distinction between r,r,ithdrawal of letter of permission granted to an institution and u,i thdrar,r,al of recognition granted to an institution. Therefore, the contention that MARB cannot withdraw the letter of permission granted to an institution but can only recommend the r,vithdrau,al is misconceived.

16. Learned Senior Counsel for the petitioner in W.P.No.42B53 of 2022 submitted that MARB has to take an action in accordance with the Regulations and the 2023 Regulations do not empower transfer of students. It is submitted that decision in White Medical College and Hospital (supra) does not apply to fact situation of the case as in the said case, the College rvas shut down, 'o.hereas in the instant case, the institution is running the college. It is pointed out that in paragraphs 32, 36 and 37, there is a t7 pleading u'ith regard to lack of quorum. It is poinled out that the students shifted to other medical colleges rt'ould appear tn second -vear cxaminations in Januan'. 2025' Thereafter, t-he aforesaid students be shifted back to the institutions for compietion o[ one ar-ld half vears of theory examinatlon and one year of intemship of MBBS cotlrse.

17. Learned Senior Counsel for the petitioner 1n W.P.No.4292O of 2022 has submitted that the institution has been found de{icient only for three months. It is further submitted that MARB has pou'er to stop admission of students only and has no power to transfer the students. It is further submitted that the 2023 Reguiations is delegated legislation a nd the same is clarificatory in nature artd therefore, it applies to the facts of the case in hand.

18. We have considered the rir,al submissions made by both sides ar-rd have perused the record.

19. It is u,ell settled principle of statutory interpretation that urherevrlr there is the u'ord "include " ir-r the statutory provision, tt is pima /ait-e cxtensive. The rvord "include" t8 when used erllarges the meaning of the expression defined, so as to comprehend not oll l_\. such things as thev signify according to their natural import but also things u,hich the .clause declares that the,,"' shail include (See Reynolds vs. John2). It is also w.ell settled legal proposition that r,vhen the word "include" is emplo,1,efl in the statutory provision, the expression must be given a broad interpretation (See Karnataka Power Transmission Corporation vs. Ashok lron Works (P| Limited3 and Indian young Lawyers Association (Sabarimala Temple In Ref vs. State of Keralaa). In the backdrop of the aforesaid well settled legal principies, we may now. refer to the statutory provisions.

20. The 20 i 9 Act is an Act, inter alia, to provide for a medical education system that improves access to quality and affordable medicai education, ensures availability of adequate and high quality medical professionals in a1l parts of the country. The object of the 2019 Act is to promote equitable and universal healthcare that , (1956) 1 All E.R. 306 3 (2OO9) 3 SCC 240 4 (2Oi9) 11 SCC I t9 encourages community health perspective and makes services of rnedical professionals accessible to ali the citizens. Sec tion 9 of the 2Ol9 Act deals n.ith Meetings of Commission. Section 9(5) of the 2Ol9 Act provides that no act done by the Commission shall be questior-red on the ground of the existence of a vacarcy in, or a defect in the constitul.ion of, the Commission. Chapter V dezrls 'rvith Autonomous Boards. Section 16(1) of the 2019 Act empowers the Central Government to constitute the Autonomous Boards under the overall supervision of the Commission to perform the functions assigned I o such Boards under the provisions of the 20 19 Act. The MARB is one such Autonomous Board constituted under Section 16(i) of thre 2.OL9 Act. Section 26 of the 2019 Act deals u,ith Pou,ers and Functions of MARB. The relevant extract of Section 26 of thre 2O.I9 Act reads as under: "26: Powers and functions of Medical Assessment and Rating Board: (1) The Medical Assessment and Rating Board shall perform the following functions, namely:- 20 (0 take such measures, including issuing warning, imposition of monctary penalty, reducing intake or stoppage of admissions and recommencling to tl-re Commission for q,ithdrawal of recognition, against a medical institution for failure to maintain the minimum essential standards specified by the Under-graduate Medical Education Board or Lhe post-graduate Medical Education Board, as thc case may be, as it deems necessary.,, admissions and recommending

21. From a scrutiny of Section 26(1)(f) of the 2O19 Act, it is evident that the 2Ol9 Act authorises the MARB to take such measures, including issuing r.r,arning, imposition of monetary penalty, reducing intake or stoppage of to the Commission for withdrawal of recognition, against a medical institution for failure to maintain the minimum essential standards Specified by the Under Graduate Medical Education Board or the Post Graduate Medical Education Board, as the case may be, in accordance with the regulations made under the 2019 Act. The power conferred under Section 26(l)(f) of the 2Ol9 Act is an inclusive power and therefore, the same is aI1 extensive power. It is well settled in law that the 2l expression "grant of statutory power" carries with it by ne cessary irnplication. It is a lirmly established rule: that an express grant of statutory power carries "r'ith it by necessary implication the authority to use all retrsonable means to rnake such grant effective. Grant of statutory power carries u,ith it by necessary implication all the po\\rers and duties incidental and necessary to make the exerclse of those powers fully effective (see Income Tax Olficer v. M.K. Mohammed Kunhis ald Grindlays Bank Limited vs. Central Government Industrial Tribunal6). The MARB is under an oblig-ation to take action against the medical institution for failure to maintain the minimum essential standards. The aforesaid power is inclusive in nature. Thr:refore, after the expression "measures", the comma has been used. The expression "measures" is wide enough to include power to transfer the st-udents. Therefore, under Section 26(i)(f) of the 2019 Act, the MARB has povver to tralsfer the students from one institution to other institution. We are fortihed in our conclusion bv the s AIR 1969 SC 430 i' 1980 Supp SCC 420 22 Division Bench decision in punjab and Haryana High Court in White Medical College and Hospital (supra). Therefore, the contention that the MARB is denuded of the power to transfer the students, ls mlsconceived and does not deserve acceptance_

22. Insofar as the issue with regard to the proceedings of the MARB, the National Medical Commission and the Central Government being vitiated on the ground of want of quorum is concerned, the same need not detain us, as Section 9(S) of the 2079 Act is a complete answer to the aforesaid submission. Therefore, the submission that the proceedings of the MARB, the National Medical Commission and the Central Government are vitiated on account of want of quorum, does not deserve acceptance.

23. Now we may deai with the contention urged on behalf of the petitioner whether the order dated O7.1 L.2O22 has been passed by the Central Government in violation of the order dated 16.09.2022 passed in W.p.No.34 lgO of 2022 and in W.P.No.3424 I of 2022. The relevant extract of the aforesaid order dated 16.Og.202.2 reads as under:

1.e., CASC "'lhercfore, without expressing anJ' oplnloll on the tnerils of the case, this Court is of thc viet' that boLh thesc q'rit petitions can be disposcd c'l by setting aside the order of rejection of the Centrzrl Government dated 05'O8'2022 in respec:t of TRIt College and the matter is remanded back Ccntral to thc Second Appeltate AuthoritY of the re-consider the Government to petitioners duly taking into the consideration the orders passed by the Second Appellate Authorily u,hich u,as passed in favour of MNR Medicrrl College on 16.08.2022 and also the order passcd on O7 .O9.2O22 and since no orders were passed by the Second Appellatc Authority in respect 'rf Mahavir College, the Second Appellate Authority is directed to examine the case of Mahavir Medical College by taking into account the orders passed by Central Government on 16 08 '2022 and Cr7.09.2022 \n favour of MNR Medical Collegc and pass appropriate orders within a reasonable periorl of time, preferably, within a period of Lt'o vveeks from the date of receipt of this order-"

24. In pursuance of the aforesaid order of remand' the Central Government decided the appeal afresh by an order dated 07. 11.2022. The reievant extract of the order dated 07 .11.2022 reads as under: I 24 (iiif Deficiency in ward composition Department Requiremcnts of beds as per MSR I 2 3 4 5 6 7 8 I 11 General Medicine Paediatrics TB & Chest Skin & VD Psychiatry General Surgery Orthopedics Ophthalmolos/ ENT OBG & ANC Gynecolory 7a/s 24/t to/t to/1 7a /3 2s/1 to/ 1 2s/t 20/1, Beds availabilitv College information unitwise 721 3 8/r 8lr 8/r 90l3 s0 l2 to lr 2slt 1s/ I Institute during Second appeal hearing accepted that thcre was discrepancy in ward comparison as compared to MSR

8. TEG/COO on directions of Hon,ble High Court of Telangana:- {r) In compliance of the directions of the Hon'ble HC, a combined meeting of the Technical Expert Group and COO was held on 27.10.2022 l-i to re examine the case . The committee discussetl the casr: in dctails including the procedure to br: lollos,ed. (ii) The Committec felt that this case is ttr variance from MNR Medical College, Telangana case, as rn,hile arriving at the decision in case ol MNR Medical College, the committee ha<l considered the discrepancy in data observed in the Assessors reports of Under graduate and PosL graduzrtc inspcctions, which were conducted otr the same day i.e., 30.O3.2O22 and had proposed to remand back the case to NMC. The case of the TRR lnstitute of Medical Sciences, Medak, Telangana is diflerent iI1 nature and substance from the MNR Medical College.

9. Thc Central Government after going through the [a:1.s and reconsideration of 2"d appeal filed by TRR Instltute of Medical Sciences, Medak, Telangana against withdrawing the permission of 150 MBBS seats and all Post Graduate Course admitl.ed for the academic year 2021-22 has found that there is dehciency in Human resource , bed occupancy and clinical material hencethere is no merit in 2nd appeal of the said College and decided to rcject the appeal of TRR Institute of Mediciel Sciences, Medak, Telangana.

10. Accordingly, the 2"d Appeal as per Hon'ble High Court Order dated 16.09.2022 ot TRI? ).6 Ins[itute of Medical Sciences, Medak, stands disposed of. Thus, from perusal of the directions issued by this Court vide order dated 16.O9.2022 in conjunction u,ith the order dated OZ .I1.2022 passed by the Central Government, it is evident that the Central Government has decided the appeal in consonance with the directions contained in the order of remand. Therefore, the contention that the order dated O7.1I.2022 passed by the Central Government is in violation of the order of the Division Bench of this Court dated 16.09.2022 passed in W.p.No.341gO of 2022 and in W.P.No.34247 of 2022 is misconceived.

25. In the instant writ petitions, MARB has withdrawn the permission for admission of the students to the institutions and has not withdrawn the recognition granted to the institutions. Therefore, the contention that the MARB has no power to withdraw the permission for admission of the students is misconceived. In exercise of powers conferred by Section 57 (2) read with Sections 26, 29 and 29 of the 2OI9 Act, the National Medical )7 Commission has framed 2023 Regulations. Clause (1)(ii) of the Regulations provide that the Regulations shall come into forcc from the date of publication in the Officiai Gazette. The Regulations have been published in the Official Gaz,etLe on 02.06.2023. Therefore, tht: 2023 Regulations do not have any retrospective application and do not applv to the fact situation of the cases. Therefore, the contenti,ri-r that under the Regulations, the MARB has no power to transfer the students is misconceived. The contention that decision in White Medical College and Hospital (supra) is of no relevamce to the facts of the case, is misconceived as Division Bench of Punj ab and Haryana High Court has deait with scope and power of MARB under Section 26(f) ctl the Act. For yet another reason, no relief can be granted to the 26 institutions. It is pertinent to note that the students admitted to :he institutions are prosecuting their studies in 13 different medical colleges situated in the State of Telangana s:.nce O7.O9.2O22. Tl;e students have completed two years three months of MBBS course in institutions to which they have been reallocated. In all, 300 students \ /ere reallocated to 13 different medical colleges. Out of 300 students, only 60 students have come forward seeking their transfer back to TRR institute of Medical Scienccs and the Mahavir InsLitute of Medical Sciences. It is pertinent to note that the petitioners have failed to implead the 13 medical colleges to w,hich they have been admitted in these rn rit petitions

27. It is also noteworthy that majority of the students, namely 240 students in number who are prosecuting their studies in 13 different medical colleges in the State of Telangana, are not before us. It is worth mentioning that the petitioners in W.P.No .I4OL7 of 2023 were admitted to Post Graduate course in different medical colleges of the State of Telangana. The aforesaid students would complete their course in February, 2O25 2a. For the aforementioned reasons, relief as prayed by the institutions seeking repatriation of the students to TRR Institute of Medical Sciences and the Mahavir Institute of Medical Sciences cannot be granted in these qzrit petitions. 9l

29. Hou'ever. rie lind subsLance in thc grievance urged by the petitioners in W.P.Nos.43O58 of 2022, 13940, 13976 and 140 1 I ctf 2023 u'ith regard to the relund ol the fee' However, ir is not possible to deal $'ith the pral'er for refund of fee as the institutions, to vtrhom the students paid the fees, have not beei-r impleaded in the u'rit petitions. The petitioners in W.P.Nos.43O5B of 2022' 13940' 13976 ard 140 1 I of 2023 had paid fee to TRR Institute of Medical Sciences and the Mahavir Institute of Medical Sciences at the time of admission. Thereafter, they n'ere reallocated to 13 different medical colleges. The petitioners in W.P.Nos.43rl58 of 2022, 13940, 13976 and l4Ol7 of 2023 have again paid fee to different 13 medical colleges u'hile being admr.tted to first 1'921 MBBS course. Liberty is reserved 1-o the students, namelv petitiollers in W.P.Nos.43O58 of 2022, 13940, 13976 and l4Oll of 2023 to approactr the competent authority seeking refund of the fee. Needless to state that in case any claim is made by the students seeking refund of fee paid by them, the competent authority sh all decide the claim of the students after 0J affording an opportuniL-v of hearing to necessarlr partie s, by a speal<ing order. It is made clear that this Court has not expressed an-r, opinion u'ith regard to the claim of the students for refund of fec.

30. L'r the result, the writ petitions, namely W.P.Nos.42B53 of 2022 and 42920 of 2022 are dismissed, whereas W.P.Nos.430S8 of 2022, l3g4o, 13926 and l4OIl of 2O23 are disposed of. There sha,ll be no order as to costs. Miscellaneous applications pending, if aly, shall stand closed. //TRUE COPY// SD/.A.V.S..PRASAD ASSISTANTE,EGISTRAR ,/ SECTION OFFICER One Fair Copy to the Hon'ble THE CHIEF JUSTICE ALOK ARADHE (For His LordshiPs Kind.Perusal) One Fair Copy to the Hon'ble SRI JUSTICE J'SREENIVAS RAO (For His LordshiPs Kind Perusal) To,

6. The Secretary, Ministry of Health and Farnily Welfare, Nirman Bhawan, New Delhi, Union of lndia- 1 10 001 The Secretary, Health and Farnily Welfare BRK Bhawan' Telangana Secretariat, Hyderabad, State of Telangana -5O0 O22 The Chairmari, Nationai Medical Commission, Administrative Section, Pocket- 14, Sector-8, Dwarka Phase-|, New Delhi - 11O 017 - - The President, Medical Assessment and Ratings Board, National- Medical Commission, Pockel14, Sector-8, Dwarka Phase-l' New Delhi - 11O O17 . Narayana Rao University of H€alth Sciences, The Registiar, Kaloji Nizampura, Warangal, Telangana 506007. The Diran inO Priniip'at, TRR lnstitute of Medical Sciences, TRR Nagar, lnole (V), Patancheru (M), Sangareddy -502319, Telangana. . Affairs, New Delhi. Buildinos. HYderabad. A C Guards, HYderabad 500004' 7 The Director, N,4ahavir lnstitute of tr4edical Sciences' Bhagwan tvlahavir lvlarg' 8. ll LRCoPies 6. inJ'u"oJi s;cretary' Union of lndia, Ministry of Law' Justice and companv '1 0. The Secretary, Telangana Advocates Association' Library' High Court ', '' 5iJbt"t" Siiiibnrr.rrvns PRASAD, ldy9.91te [oPUC] ii.il;6c i; sRi M.Sntonnn, Advocate toPUCJ^^, 'iA5;; dE i;5Hi C.r.rnieSH REDDY Advocate t,oflcl- ii.6il! Ed i" ilirl.6xn'nssoCt,qrcs' A-dvocate [oPUCl 15.one cc to SRI Dr. vENi&"iCibo-i o-o111q.e.9ov' f{Vo-9a!-e- toPUCl 'i6.il; dd i; sFii [.pnnei{-AKAi{RAo, s-c F-gF.KN.RIrHS toPUCl 17.one cc to M/s. connrlfiX-siiilhcn puLifHA' sc'ron NMc & MARD ',u.bo,lJ3J to SRt B.NARASIMHA SHARMA, ADDL' sollclroR GENERAL oF '" ir.ib;rn. ni,in court tor tnJsiat"'oi i"t,ng'na at Hvterabad toPUCl rg.ti,l'tcJiij 6p F'o-c HEAiii{, MiDicx[ [ rnntilv WELFARE DEPr., Hish '" cllrririitirl-stri" orr"tunganb at Hvderabad [our] 20.Two CD CoPies BSR BS HIGH GOURT '\ DATEDi 0210112025 'i) COMMON ORDER W.P.NOs: 42853, 42920, 43058 of 2O22, 13940, 13976 and 14011of2023 , :{ f- S l,( :. I € 'r o) 10 J['il zffi t CH;0 ,) DISMISSING THE W.P.Nos.42853 & 42920 of 2022 & DISPOSING OF THE W.P.Nos.43058 ot 2O22; 13940, 13976 and 14011 o12023, WITHOUT COSTS lA- -_{-+t+lt l* 3pw+-t,