Telangana High Court
Trr Institute Of Medical Sciences vs Union Of India,And 4 Others on 2 January, 2025
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
+ WRIT PETITION Nos.42853, 42920, 43058 of 2022,
13940, 13976 and 14011 of 2023
% Date: 02.01.2025
# TRR Institute of Medical Sciences and others.
... Petitioners
v.
$ Union of India,
Through its Secretary, Ministry of Health and Family
Welfare, Nirman Bhawan, New Delhi 110 001,
and others
... Respondents
! Counsel for the petitioners in :
W.P.No.42853 of 2022 : Mr. Amit Kumar,
learned Senior Counsel representing
Mr. D. Srinivas Prasad
W.P.No.42920 of 2022 : Dr. Venkat Reddy Donthi
Reddy, learned Senior Counsel
W.P.Nos.43058 of 2022; 13940, 13976 & 14011 of
2023:
Ms. K. Mamata,
representing Mr. M. Sridhar
2
^ Counsel for the respondents :
Mr. B.Narasimha Sharma, Additional Solicitor
General of India, for Union of India.
Ms. Gorantla Sri Ranga Pujitha, learned Standing
Counsel for National Medical Commission and
Medical Assessment and Rating Board.
Mr. R. Nagarjuna Reddy,
learned Assistant Government Pleader for
Health, Medical and Family Welfare Department.
< GIST:
HEAD NOTE:
? CASES REFERRED:
1. AIR 1960 SC 610
2. (1956) 1 All E.R. 306
3. (2009) 3 SCC 240
4. (2019) 11 SCC 1
5. AIR 1969 SC 430
6. 1980 Supp SCC 420
3
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION Nos.42853, 42920, 43058 of 2022,
13940, 13976 and 14011 of 2023
COMMON ORDER:
(Per the Hon’ble the Chief Justice Alok Aradhe)
Mr. Amit Kumar, learned Senior Counsel
representing Mr. D. Srinivas Prasad, learned counsel for
the petitioner in W.P.No.42853 of 2022.
Dr. Venkat Reddy Donthi Reddy, learned Senior
Counsel for the petitioner in W.P.No.42920 of 2022.
Ms. K. Mamata, learned counsel representing
Mr. M. Sridhar, learned counsel for the petitioners in
W.P.Nos.43058 of 2022; 13940, 13976 and 14011 of 2023.
Mr. B.Narasimha Sharma, learned Additional
Solicitor General of India for Union of India.
4
Ms. Gorantla Sri Ranga Pujitha, learned Standing
Counsel for National Medical Commission and 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 of 2022 and 42920 of 2022 have been
filed by the TRR Institute of Medical Sciences and the
Mahavir Institute of Medical Sciences (hereinafter referred
to as ‘institutions’). W.P.Nos.43058 of 2022
and W.P.No.13940 of 2023 have been filed by three and
thirty students respectively, who were admitted to the TRR
Institute of Medical Sciences and the Mahavir Institute of
Medical Sciences respectively. W.P.No.13976 of 2023 has
been filed by thirty students, who were admitted to TRR
Institute of Medical Sciences. W.P.No.14011 of 2023 has
been filed by six students, who were admitted to Post
Graduate course in Mahavir Institute of Medical Sciences.
5
3. The challenge in these writ petitions, validity of
orders dated 13.04.2022 and 17.05.2022 passed by the
Medical Assessment and Rating Board, by which
permission granted to the institutions has been withdrawn.
The petitioners have also assailed the validity of the orders
dated 15.06.2022 and 22.08.2022 passed in appeals by
National Medical Commission of India as well as validity of
order dated 07.11.2022 in an appeal preferred under the
NMC Act passed by the Central Government. The
institutions have also questioned the validity 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
institutions.
4. A common issue arises for consideration in all these
writ petitions, namely the validity of the action taken by the
Medical Assessment and Rating Board (hereinafter referred
to ‘MARB’) in withdrawing the letter of permission to the
institutions. Therefore, all the writ petitions were heard
analogously and are being decided by this common order.
6
For the facility of reference, facts from W.P.No.42853 of
2022 are being referred to.
5. The TRR Institute of Medical Sciences was granted
permission on 15.10.2020 by the MARB to establish a
medical college in Sanga Reddy District, State of
Telangana, with an annual intake capacity of 150 seats in
MBBS course. On 30.09.2021, MARB granted 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 was also found that blood bank
licence of the petitioner institution had expired and
number of investigations and operative procedures,
including deliveries, are much less for the out patients and
in patients and there was a deficiency of library books and
journals. An assessment report was prepared and a show
cause notice dated 31.01.2022 was issued to the petitioner
7
institution by which the institution was required to submit
the compliance report on deficiencies as per the National
Medical Commission’s guidelines on or before 31.03.2022.
The institution was also suggested to develop the college
website to comply with MSR 2020 and to provide
information as per proforma shown in the website.
6. The petitioner institution submitted an explanation
on 29.03.2022. Thereafter, another surprise inspection was
conducted on 30.03.2022 in which shortage of teaching
faculty to the extent of 78.50% and shortage of Senior
Resident Doctors to the extent of 80% 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 and further deficiencies were found on
30.03.2022. 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, withdrew 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 04.05.2022 by which the petitioner institution
was asked to appear in person. Being aggrieved by the
aforesaid communication, the petitioner institution filed
the writ petition, namely W.P.No.23765 of 2022. The said
writ petition was disposed of by a Division Bench of this
Court by an order dated 19.05.2022 with a direction to
dispose of the appeal preferred by the petitioner institution
under Section 22(3) of the National Medical Commission
Act, 2019 (hereinafter referred to as, “the 2019 Act”),
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 filed an appeal
under Section 9(6) of the 2019 Act before the Central
9
Government. The Central Government, by an order dated
05.08.2022, confirmed the order passed by the National
Medical Commission and dismissed the appeal preferred by
the petitioner institution. Thereafter, the MARB issued a
letter on 25.08.2022 to the Secretary, Government of
Telangana, by which reallocation of 150 students to
thirteen medical colleges from the petitioner institution for
the academic year 2021-2022 was approved as a onetime
measure. In compliance of the aforesaid order, counselling
was conducted on 29.08.2022 for reallocation of the
students from the petitioner institution to other medical
colleges for the academic year 2021-2022. Thereafter, the
students were shifted on 07.09.2022 to 13 medical colleges
situated in the State of Telangana. The students who were
admitted to the medical colleges for the academic year
2021-2022 are prosecuting in 13 medical colleges since
07.09.2022.
9. The petitioner institution assailed the validity of the
order dated 05.08.2022 passed by the Central Government
under Section 9(6) of the 2019 Act in W.P.Nos.34241 and
10
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
appeal 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 07.09.2022
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 07.11.2022, inter alia, held
that the petitioner institution has accepted the deficiencies
in ward composition as compared to MNR Medical 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,
11
the petitioner institution has filed W.P.No.42853 of 2022,
wherein a writ of certiorari has been sought seeking
quashment of the orders dated 13.04.2022, 15.06.2022
and 07.11.2022 passed by the MARB, the National Medical
Commission and the Central Government respectively. The
petitioner institution also sought quashment of the order
dated 17.11.2022 passed by the MARB granting 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 in 2021-2022. 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 from the petitioner institution. In the aforesaid
factual background, the writ petitions arise for our
consideration.
11. Learned Senior Counsel for the petitioner institution
in W.P.No.42853 of 2022 has submitted that the order
12
dated 07.11.2022 passed by the Central Government is in
contravention of the order dated 16.09.2022 passed by this
Court in W.P.No.34180 of 2022 inasmuch as the case of
the petitioner was not considered on par with 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 transferring 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 30 of the Establishment
of 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
power 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
13
orders have been signed by the President only and
therefore the impugned orders are liable to be quashed.
12. Learned Senior Counsel for the petitioner in
W.P.No.42920 of 2022 has submitted that under Section
26(1)(f) of the 2019 Act, the MARB has power to
recommend withdrawal of recognition but cannot pass an
order of withdrawal of recognition. It is, therefore,
contended that the order passed by the MARB is per se
without jurisdiction and the aforesaid aspect of the matter
ought to have been appreciated by the National Medical
Commission as well as the Central Government. Reliance
has also been placed on the 2023 Regulations.
13. Learned counsel for the petitioners in W.P.Nos.43058
of 2022, 13940, 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 would be completed in the month of February,
2025. It is further submitted that the petitioners in other
three writ petitions, namely W.P.Nos.43058 of 2022, 13940
and 13976 of 2023 are prosecuting their MBBS course in
14
other institutions since 07.09.2022. It is contended that
there is no provision in the 2019 Act prescribing the
minimum number of students prescribed for MBBS course.
It is pointed out that the petitioners in the aforesaid writ
petitions be transferred back to the TRR Institute of
Medical Sciences and Mahavir Institute of Medical
Sciences. It is submitted that a suitable order with regard
to refund of fee of the students be passed.
14. Learned Additional Solicitor General of India has
taken us to the order dated 07.11.2022 and has submitted
that the mandate contained in the order dated 16.09.2022
passed in W.P.Nos.34241 of 2022 and 34180 of 2022 has
been complied with and the contention urged on behalf 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)(f) of the 2019 Act is extensive in nature and
15
includes the power to transfer the students from one
medical college to another medical college. In support of
the aforesaid submissions, reliance has been placed on the
Division Bench decision of the Punjab and Haryana High
Court dated 22.08.2024 in Civil Writ Petition No.2061 of
2024 (White Medical College and Hospital vs. Union of
India). Reference has also been made to the decision of the
Supreme Court in State of Bombay vs. Hospital Mazdoor
Sabha 1. It is urged that the 2023 Regulations have no
retrospective application and do not apply to the fact
situation of the cases, as the aforesaid Regulations have
come into force with effect from 01.06.2023. It is pointed
out that no pleading with regard to the orders being invalid
for want of quorum has been taken in the writ petitions.
Alternatively, it is submitted that Section 9(5) of the 2019
Act provides that no act done by the Commission shall be
questioned on the ground of existence of a vacancy 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 College. It is also
1 AIR 1960 SC 610
16
pointed out that the scope of judicial review with regard to
the orders passed by an expert body is limited and the
impugned orders do not call for any interference in these
writ petitions. It is urged that there is a distinction between
withdrawal of letter of permission and withdrawal of
recognition. It is urged that there is a distinction between
withdrawal of letter of permission granted to an institution
and withdrawal 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 withdrawal is misconceived.
16. Learned Senior Counsel for the petitioner in
W.P.No.42853 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 was shut down, whereas in
the instant case, the institution is running the college. It is
pointed out that in paragraphs 32, 36 and 37, there is a
17
pleading with regard to lack of quorum. It is pointed out
that the students shifted to other medical colleges would
appear in second year examinations in January, 2025.
Thereafter, the aforesaid students be shifted back to the
institutions for completion of one and half years of theory
examination and one year of internship of MBBS course.
17. Learned Senior Counsel for the petitioner in
W.P.No.42920 of 2022 has submitted that the institution
has been found deficient only for three months. It is further
submitted that MARB has power to stop admission of
students only and has no power to transfer the students. It
is further submitted that the 2023 Regulations is delegated
legislation and the same is clarificatory in nature and
therefore, it applies to the facts of the case in hand.
18. We have considered the rival submissions made by
both sides and have perused the record.
19. It is well settled principle of statutory interpretation
that wherever there is the word “include” in the statutory
provision, it is prima facie extensive. The word “include”
18
when used enlarges the meaning of the expression defined,
so as to comprehend not only such things as they signify
according to their natural import but also things which the
clause declares that they shall include (See Reynolds vs.
John 2). It is also well settled legal proposition that when
the word “include” is employed in the statutory provision,
the expression must be given a broad interpretation (See
Karnataka Power Transmission Corporation vs. Ashok
Iron Works (P) Limited 3 and Indian Young Lawyers
Association (Sabarimala Temple In Re) vs. State of
Kerala 4). In the backdrop of the aforesaid well settled legal
principles, we may now refer to the statutory provisions.
20. The 2019 Act is an Act, inter alia, to provide for a
medical education system that improves access to quality
and affordable medical education, ensures availability of
adequate and high quality medical professionals in all
parts of the country. The object of the 2019 Act is to
promote equitable and universal healthcare that
2 (1956) 1 All E.R. 306
3 (2009) 3 SCC 240
4 (2019) 11 SCC 1
19
encourages community health perspective and makes
services of medical professionals accessible to all the
citizens. Section 9 of the 2019 Act deals with Meetings of
Commission. Section 9(5) of the 2019 Act provides that no
act done by the Commission shall be questioned on
the ground of the existence of a vacancy in, or a defect in
the constitution of, the Commission. Chapter V deals with
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 to such
Boards under the provisions of the 2019 Act. The MARB is
one such Autonomous Board constituted under Section
16(1) of the 2019 Act. Section 26 of the 2019 Act deals with
Powers and Functions of MARB. The relevant extract of
Section 26 of the 2019 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
(f) take such measures, including issuing
warning, imposition of monetary penalty,
reducing intake or stoppage of admissions and
recommending 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, as
it deems necessary.”
21. From a scrutiny of Section 26(1)(f) of the 2019 Act, it
is evident that the 2019 Act authorises the MARB to take
such measures, including issuing warning, imposition of
monetary penalty, reducing intake or stoppage of
admissions and recommending 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(1)(f) of the
2019 Act is an inclusive power and therefore, the same is
an extensive power. It is well settled in law that the
21
expression “grant of statutory power” carries with it by
necessary implication. It is a firmly established rule that an
express grant of statutory power carries with it by
necessary implication the authority to use all reasonable
means to make such grant effective. Grant of statutory
power carries with it by necessary implication all the
powers and duties incidental and necessary to make the
exercise of those powers fully effective (see Income Tax
Officer v. M.K. Mohammed Kunhi 5 and Grindlays Bank
Limited vs. Central Government Industrial Tribunal6).
The MARB is under an obligation to take action against the
medical institution for failure to maintain the minimum
essential standards. The aforesaid power is inclusive in
nature. Therefore, after the expression “measures”, the
comma has been used. The expression “measures” is wide
enough to include power to transfer the students.
Therefore, under Section 26(1)(f) of the 2019 Act, the MARB
has power to transfer the students from one institution to
other institution. We are fortified in our conclusion by the
5 AIR 1969 SC 430
6 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, is misconceived 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(5) of the 2019 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 deal with the contention urged on behalf
of the petitioner whether the order dated 07.11.2022 has
been passed by the Central Government in violation of the
order dated 16.09.2022 passed in W.P.No.34180 of 2022
and in W.P.No.34241 of 2022. The relevant extract of the
aforesaid order dated 16.09.2022 reads as under:
23
“Therefore, without expressing any opinion
on the merits of the case, this Court is of the view
that both these writ petitions can be disposed of
by setting aside the order of rejection of the
Central Government dated 05.08.2022 in respect
of TRR College and the matter is remanded back
to the Second Appellate Authority i.e., Central
Government to re-consider the case of the
petitioners duly taking into the consideration the
orders passed by the Second Appellate Authority
which was passed in favour of MNR Medical
College on 16.08.2022 and also the order passed
on 07.09.2022 and since no orders were passed
by the Second Appellate Authority in respect of
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 07.09.2022 in favour of MNR Medical College
and pass appropriate orders within a reasonable
period of time, preferably, within a period of two
weeks 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 relevant extract of the order dated
07.11.2022 reads as under:
24
(iii) Deficiency in ward composition
Department Requirements Beds
of beds as availability
per MSR as per
College
information
unitwise
1 General 78/3 72/3
Medicine
2 Paediatrics 24/1 24/3
3 TB & Chest 10/1 8/1
4 Skin & VD 10/1 8/1
5 Psychiatry 10/1 8/1
6 General 78/3 90/3
Surgery
7 Orthopedics 25/1 30/2
8 Ophthalmology 10/1 10/1
9 ENT 10/1 10/1
10 OBG & ANC 25/1 25/1
11 Gynecology 20/1 15/1Institute during Second appeal hearing accepted that there was
discrepancy in ward comparison as compared to MSR
8. TEG/COO on directions of Hon’ble High
Court of Telangana:-
(i) In compliance of the directions of the
Hon’ble HC, a combined meeting of the Technical
Expert Group and COO was held on 21.10.2022
25to re-examine the case. The committee discussed
the case in details including the procedure to be
followed.
(ii) The Committee felt that this case is in
variance from MNR Medical College, Telangana
case, as while arriving at the decision in case of
MNR Medical College, the committee had
considered the discrepancy in data observed in
the Assessors reports of Under graduate and Post
graduate inspections, which were conducted on
the same day i.e., 30.03.2022 and had proposed
to remand back the case to NMC. The case of the
TRR Institute of Medical Sciences, Medak,
Telangana is different in nature and substance
from the MNR Medical College.
9. The Central Government after going through
the facts and reconsideration of 2nd appeal filed
by TRR Institute of Medical Sciences, Medak,
Telangana against withdrawing the permission of
150 MBBS seats and all Post Graduate Course
admitted for the academic year 2021-22 has
found that there is deficiency in Human resource,
bed occupancy and clinical material hencethere is
no merit in 2nd appeal of the said College and
decided to reject the appeal of TRR Institute of
Medical Sciences, Medak, Telangana.
10. Accordingly, the 2nd Appeal as per Hon’ble
High Court Order dated 16.09.2022 of TRR
26
Institute of Medical Sciences, Medak, stands
disposed of.
Thus, from perusal of the directions issued by this
Court vide order dated 16.09.2022 in conjunction with the
order dated 07.11.2022 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 07.11.2022 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.34180 of 2022 and in
W.P.No.34241 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 2019 Act, the National Medical
27
Commission has framed 2023 Regulations. Clause (1)(ii) of
the Regulations provide that the Regulations shall come
into force from the date of publication in the Official
Gazette. The Regulations have been published in the
Official Gazette on 02.06.2023. Therefore, the 2023
Regulations do not have any retrospective application and
do not apply to the fact situation of the cases. Therefore,
the contention 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 relevance to the facts of the case,
is misconceived as Division Bench of Punjab and Haryana
High Court has dealt with scope and power of MARB under
Section 26(f) of the Act.
26. For yet another reason, no relief can be granted to the
institutions. It is pertinent to note that the students
admitted to the institutions are prosecuting their studies in
13 different medical colleges situated in the State of
Telangana since 07.09.2022. The students have completed
two years three months of MBBS course in institutions to
28
which they have been reallocated. In all, 300 students were
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 Sciences
and the Mahavir Institute of Medical Sciences. It is
pertinent to note that the petitioners have failed to implead
the 13 medical colleges to which they have been admitted
in these writ 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.14011 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, 2025.
28. 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 writ petitions.
29
29. However, we find substance in the grievance urged by
the petitioners in W.P.Nos.43058 of 2022, 13940, 13976
and 14011 of 2023 with regard to the refund of the fee.
However, it is not possible to deal with the prayer for
refund of fee as the institutions, to whom the students paid
the fees, have not been impleaded in the writ petitions.
The petitioners in W.P.Nos.43058 of 2022, 13940, 13976
and 14011 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 were reallocated to
13 different medical colleges. The petitioners in
W.P.Nos.43058 of 2022, 13940, 13976 and 14011 of 2023
have again paid fee to different 13 medical colleges while
being admitted to first year MBBS course. Liberty is
reserved to the students, namely petitioners in
W.P.Nos.43058 of 2022, 13940, 13976 and 14011 of 2023
to approach 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 shall decide the claim of the students after
30
affording an opportunity of hearing to necessary parties, by
a speaking order. It is made clear that this Court has not
expressed any opinion with regard to the claim of the
students for refund of fee.
30. In the result, the writ petitions, namely
W.P.Nos.42853 of 2022 and 42920 of 2022 are dismissed,
whereas W.P.Nos.43058 of 2022, 13940, 13976 and 14011
of 2023 are disposed of. There shall be no order as to costs.
Miscellaneous applications pending, if any, shall
stand closed.
______________________________________
ALOK ARADHE, CJ
______________________________________
J.SREENIVAS RAO, J
02.01.2025
Note: LR copy be marked.
(By order)
Pln