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1. Allowed, subject to all just exceptions.

W.P.(C) 16995/20022

2. Issue notice. Mr T. Singhdev, learned counsel appearing for the respondent nos. 1 and 3, Mr Aravindh S., learned counsel appearing for respondent no. 2 and Mr Vivekanand Mishra, learned counsel appearing for the respondent no.4, accept notice.

16. Again placing heavy reliance on the report dated 06.12.2022, which is for the year 2023-2024, he urged that when MARB by way of subsequent inspection report of 06.12.2022 for the year 2023-24 has found that there is no deficiency, the benefit of the said report can be extended to the petitioner even for the year 2022-2023.

17. On the other hand, Mr. T. Singhdev, learned counsel for the respondent nos. 1 and 3, refutes the aforesaid contentions. He says that the processing of applications for increase of seats in MBBS course for academic year 2022-23, had commenced in 2021 and has finally culminated after approximately one year in 2022. While, the admission process started with NEET-UG being conducted on 17.07.2022 and the counseling process commenced on 10.10.2022 and concluded on 13.12.2022 for the State Counsellings. He further submits that there is no provision of any stray vacancy round for the State Counsellings and the MBBS course for the academic session 2022-2023 has already commenced on 15.11.2022, in accordance with the time schedule issued by the Medical Counselling Committee of the Directorate General of Health Services. Therefore, the relief for increase of seats in MBBS course cannot be granted for the academic year 2022-2023 and that too at this stage.

28. Prima facie, it also appears that the material in the form of data retrieved from the Aadhar Enabled Biometric Attendance System (AEBAS) justifies the objection with regard to deficiency of faculty, OPD and bed occupancy.

29. There is considerable force in the submission of Mr. T.Singhdev that the benefit of inspection report of 06.12.2022 for the academic Session 2023-24 will not enure to the petitioner for the academic session 2022-23, as the same will have the effect of rendering the entire application processing procedure nugatory and redundant. There is also merit in the submission of Mr. Singhdev that every year there is an overlap in the time taken to process the applications of the applicant-medical colleges and the start of counseling for the admissions and in case the applicant-medical college is given the benefit of inspection report for the next academic session, it shall lead to an unending cycle of processing of applications.