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Santosh Trust & Anr vs National Medical Commission & Ors on 15 September, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~207
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       W.P.(C) 13435/2022 & CM APPL. 40786/2022.
                                  SANTOSH TRUST & ANR.                          ..... Petitioners
                                                   Through: Mr. Vikas Singh, Senior Advocate
                                                            with Mr. Atul Sharma, Ms. Kanicka
                                                            Mittal, Ms. Deepika Kalia, Ms.
                                                            Priyanka and Mr. Abhishek Singh,
                                                            Advocates.
                                                     versus

                                  NATIONAL MEDICAL COMMISSION & ORS. ..... Respondents
                                              Through: Mr. T. Singhdev, Standing Counsel
                                                       with Ms. Ramanpreet Kaur, Mr.
                                                       Bhanu      Gulati,  Mr.     Abhijit
                                                       Chakravarty and Ms. Michelle
                                                       Biakthansangi Das, Advocates for R-
                                                       1 and 2.
                                                       Ms. Monika Arora, CGSC with Ms.
                                                       Geeetanjali Tyagi and Mr. Shivam
                                                       Raghuwanshi, Advocates for R-3/
                                                       UOI.

                                  CORAM:
                                  HON'BLE MR. JUSTICE SANJEEV NARULA
                                                     ORDER

% 15.09.2022 CM APPL. 40784/2022 (seeking exemption from filing certified, true copy, dim annexures and original of the annexures)

1. Exemption is granted, subject to all just exceptions.

2. The Petitioners shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

W.P.(C) 13435/2022

4. Petitioners impugns communications dated 31st August, 2022, 02nd September, 2022 and 03rd September, 2022 issued by Respondents No. 1 and 2 disapproving Petitioners' request for enhancement of seats in MD (Respiratory Medicine), MS (Ophthalmology) and MS (ENT) courses, respectively. It is contended that above-stated communications are contrary to findings of assessment reports wherein infrastructure, faculty and clinical material available at Petitioner No. 2-institute was found to be adequate.

5. Issue notice. Mr. T. Singhdev, Standing Counsel for NMC, accepts notice on behalf of Respondents No. 1 and 2. Ms. Monika Arora, CGSC for Respondent No. 3, accepts notice.

6. At the outset, Mr. Singhdev raises an objection qua maintainability of the present petition by submitting that Petitioners have already exercised alternative efficacious remedy of filing an appeal under the provisions of National Medical Commission Act, 2019, which are pending consideration. He further submits that considering the nature of dispute, no interim relief can be granted to Petitioners. However, Mr. Vikas Singh, Senior Counsel for Petitioners, on instructions, states that appeals of Petitioners have been rejected.

7. Let a counter affidavit be filed on or before 21st September, 2022.

8. List on 22nd September, 2022.

SANJEEV NARULA, J SEPTEMBER 15, 2022/as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:16.09.2022 18:37:28