Case Note & Summary
The petitioners, Ajeet Seeds Private Limited and its Dean Dr. Kananbala Yelikar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench. The petitioners sought a declaration that Regulation 6 of the 2023 Regulations framed by the National Medical Commission (NMC) is ultra vires Sections 28 and 29 of the National Medical Commission Act, 2019 (NMC Act), beyond the powers under Section 57(2) of the NMC Act, and violative of Articles 14 and 19 of the Constitution. They also sought a mandamus directing the Medical Assessment and Rating Board to process their application for the academic year 2026-2027 without relying on Regulation 6. The petitioners are a private limited company operating a hospital and seeking to establish a medical college. Regulation 6 requires that the medical college and hospital be on separate pieces of land owned by the applicant. The petitioners argued that this requirement is arbitrary and beyond the NMC's rule-making power. The respondents, including the Union of India, NMC, and State of Maharashtra, defended the regulation as necessary for ensuring quality medical education. The court, after hearing arguments, held that Regulation 6 is intra vires the NMC Act and does not violate constitutional provisions. The court reasoned that the NMC has the power to prescribe conditions for establishment of medical colleges under Sections 28 and 29 read with Section 57(2) of the NMC Act. The requirement of separate land ownership is a reasonable classification aimed at ensuring adequate infrastructure. The court dismissed the petition, upholding the validity of Regulation 6.
Headnote
A) Constitutional Law - Ultra Vires - Regulation 6 of 2023 Regulations - Sections 28, 29, 57(2) of the National Medical Commission Act, 2019 - The petitioners challenged Regulation 6 requiring separate land ownership for medical college and hospital as ultra vires the NMC Act. The court held that Regulation 6 is within the rule-making power under Section 57(2) and is consistent with Sections 28 and 29, as it prescribes conditions for permission and recognition. (Paras 1-10) B) Constitutional Law - Articles 14 and 19 - Reasonable Classification - Regulation 6 of 2023 Regulations - The petitioners argued that Regulation 6 is arbitrary and violates Articles 14 and 19. The court held that the classification between colleges with separate land and those without is reasonable, based on the objective of ensuring adequate infrastructure for medical education. Regulation 6 does not impose an unreasonable restriction. (Paras 11-15) C) Medical Education - Establishment of Medical College - Regulation 6 of 2023 Regulations - Sections 28, 29 of the National Medical Commission Act, 2019 - The court upheld Regulation 6, which mandates that the medical college and hospital must be on separate pieces of land owned by the applicant. The court reasoned that this ensures proper functioning and quality of medical education. (Paras 16-20)
Issue of Consideration
Whether Regulation 6 of the 2023 Regulations is ultra vires Sections 28 and 29 of the NMC Act, beyond the powers under Section 57(2) of the NMC Act, and violative of Articles 14 and 19 of the Constitution of India.
Final Decision
The court dismissed the writ petition, upholding the validity of Regulation 6 of the 2023 Regulations. The court held that Regulation 6 is intra vires the NMC Act and does not violate Articles 14 and 19 of the Constitution.
Law Points
- Regulation 6 of the 2023 Regulations is intra vires Sections 28 and 29 of the NMC Act
- Regulation 6 is not ultra vires Section 57(2) of the NMC Act
- Regulation 6 does not violate Articles 14 and 19 of the Constitution of India
- The requirement of separate land ownership for medical college and hospital is a reasonable classification
- The NMC has power to prescribe conditions for establishment of medical colleges
