Chamber; 6, Old Post Ofice Street Sanjoy Sarkar 3 oor, Room No.29/ 17 Advocate, Kolkata-700 001, , > Phone: 9068497805 High Court, Calcutta. ‘Email sarker,s.tIk@gmail,com Date: 10.10.2023 To Welfare re union of India, service through the Secretary, Ministry of Health & Family Welfare having Its office at ‘A’ Wing, Nirman Bhavan, New Delht-110011; Be Ae tate of West Bengal, service through the Secretary, Department of Health and Family Welfare, having Its office at Swasthya Bhawan, GN-29, Sector-V, Salt Lake, Kolkata - 700091; ite ofice a Sector of Medical Education, Department of Heatth and Family Welfare, having its office at Swasthya Bhawan, GN 29, Sec V, Salt Lake Kollcata 700091; fen ional Medical Commission service through the Secretary, Pocket 14, Sector 8, Dwarka, New Delhi 110077; ving whe President, National Medical Commission, Medical Assessment & Rating Roard, having office at Pocket- 14, Sector ~ 8, Dwarka Phase -1, New Delhi - 110077; Sector: rhe Resistrar, West Rengal University of Health Sciences, having office at DD Block, Sector-1, Salt Lake City Kolkata, West Bengal 700064. Directan ne, Medical Counseling Committee, Government of India, service through the Carectorate General of Health Services, having its Office at Nirman Bhawan, Rajpath Area, Central Secretariat, New Delhi- 110001 Re: WPA. No. 24489 of 2023, Shri Ramkrishna Institute of Medical Science &Sanaka Hospitals & Anr. = Petitioners Versus The Union of India & Ors. a» Respondents Sir(s), Please find enclosed herewith a copy of the writ petition along with all annexure under article 226 of the Constitution India, that has been filed in the High Court at Caleutta on 10.10.2023 before His Lordship the Hon'ble Justice Kausik Chanda and the same will be moved before His Lordship the Hon'ble Justice Kausik Chanda on October 13, 2023 or so Soon thereafter as and when the Business of the Hon'ble Court shall permit, Kindly acknowledge the same. ‘Thanking you, Yours faithfully, aps to: Ap Oungo ovr en The Central Govt. Advocate a Ministry of Law & Justice, Advocate 11, Strand Road, Kolkata ~ 700 001.joirs, 1202 PH ase Status: Search by Case Number Calcutta High Court - Appellate side Appellate side Case Details, Case Type WPA Filing Number 2457510003 Filing Dato: 10-10-2025 Registration Number 2448012023, Registration Date. 10102025, ‘CNR Number: TWECHCA-050529-2025 Case Status 713th October 2023. ‘Next Hearing Date =i3th October 2025 ‘Stage of Case [NEW MOTION, ‘Coram. {255731HON BLE JUSTICE KAUSIK CHANDA ‘Bench Single Bench ‘State [West Bengal District ‘PASCHIM BAROHAMAN Judicial jANDAMUS SECTION ‘Causelist Name iy List Petitioner and Advocate Adyocate- SANJDY SARKAR T) SHRI RANIRISHIA INSTITUTE DF MEDICAL SCIENCES AND SANAKA HOSPITAL ANDARR. Respondent and Advocate. "J UNTON DF INDIAAND ORS. Acts der Ate) Under Sestionie) WOACT NA History of Case Hearing ‘ause List ype | ade Business On Date | Hearing Date | Purpose of hearing ait List ” |OWELE JUSTICE KAUSIK CHANDA fis-10-2023 [NEW MOTION Orders Order ” it order, | Judge Order Date Order Details, Category Details Calegory GROUP A (WAIT MATTERS) (1) ‘Sub Category Eavcaton(6) ‘Sub Sub Category ‘COLLEGE SERVICE (10) H ‘Sub Sub Sub Category Tn Service Other 177 (8) 7 OBJECTION [Srio, [Scrutiny Dato [OBJECTION [Compliance Date [Receipt Dae} i fto-t0.2023, i Objections are Gomplied E | psu neservicen scouts govinvacourindiaCicasesicase_ro phipstae_ eds T6Sdist ¢ A Bcout_code-38slaleNmn=Caleutat “DISTRICT: PASCHIM BARDHAMAN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 24 «3 WPA No. F 2023; In the matter of: An Application under Article 226 of the Constitution of India Subject matter relating : Under Group- Head of the Classification list; Cause Title Shri Ramkrishna Institute of Medical Sciences & Sanaka Hospital & Anr. -Petitioners -Versus- ‘The Union of India & Ors. «Respondents Sanjoy Sarkar Advocate High Court, Caleutta 6, Old Post Office Street, 34 Floor, Room No.79/17, Kolicata 700 001 Mobile No.90884799803 Email : sarkar.s.llb@gmail.comSYNOPSIS ‘The respondent no.2 and 3 issued a letter dated 17.19.2022 to all the private medical colleges in West Bengal to apply to the respondent no.4 and 5 for one time hike of 50 seats on their existing approved intake for 2023-2024 session on account of providing EWS reservations in 10% state quota seats. The petitioner applied for Essentiality Certification and obtained the affiliation from the yespondent no.6. After obtaining the Essentiality Certification from Tespondent no.6, the petitioners applied before the respondent no.4 and 5 for increase of intake capacity by 50 seats to accommodate candidate under EWS state quota. Petitioner no.1 to increase its capacity of annual intake from 150 to 200 concentrated upon developing its infrastructure and successfully able to do that by spending enormous cost. The petitioner appointed teaching and non- teaching manpower with their administrative facilities, The petitioners aiso enhanced the student study and accommodation facilities that increased capacity should not conflict with earlicr capacities. The petitioners further established clinical amenities that the professors and students as well as patients must not face any uncomfortable situation. The petitioners also improved the administrative manpower to monitor the said updated infrastructure in such manner that the Students under EWS quota never feel discriminated or deprived in any manner. On rd May, 2023, the representative of respondent no.4 visited the petitioner's college for inspection and after inspection, the signed copy of the inspection report was handed over to the petitioner no.1 by indicating that the ‘petitioner no.1 college has adequate infrastructure, man power, faculty members and clinical facilities. Petitioners state that pursuant to the orders dated 21.09.2023 and 03.10.2023 passed by this Hon'ble Court and the Hon'ble Supreme Court of India respectively, the National Medical Commission vide a Letter of Intent dated 05.10.2023 was pleased to apprave the increase of 50 MBBS seats turning the existing 150 seats into 200 seats. Vide Memo no. HFW-23099/206/2023/M/1829 dated 19.07.2023 further supplemented by Memo no. HFW-23099/206/2023/2451 dated 20.09.2023, the date of admission to MBBS courses was fixed to be 30.09.2023 and the same has been followed as well. Thus, at this juncture, the counselling process for admission in MBBS courses in State of West Bengal has ceased, Hence this application.SHORT LIST OF DATES Dates Events 09.07.2019 Central Government issued an Office Memorandum reserving 10% seats in direct recruitment in civil posts and services in the Government of West Bengal and for admission in Educational Institutions in West Bengal. 17.12.2022 Respondent no.2 and 3 issued a letter to all the private medical colleges in West Bengal to apply to the respondent no.4 and 5 for one time hike of 50 seats on their existing approved intake for 2023- 2024 session on account of providing EWS reservations in 10% state quota sea's 20.05.2023 Respondent no.4 and 5 by a letter stating of ground of ineligibility being that petitioner no.1 is a private medical college and also on the ground that the initial 150 seats are yet to be recognized. 20.05.2023 Petitioners being shocked and surprised by the rejection immediately by a letter again requested the respondent no.4 and § to increase the intake capacity by 50 seats as the petitioners, 24.05.2023 Respondent no.4 and 5 vide a letter dated informed the petitioners that the application for one time intake capacity has been rejected as the petitioner no.t 05.10.2023 Letter of Intent was pleased to approve the increase of 50 MBBS seats turning the existing 150 seats into 200 seats. 21.09.2023 Order passed the Hon'ble Court vide in WPA No. 19581 of 2023 03.10.2023 Order passed Honble Apex Court vide in SLP No.21603 of 2023DISTRICT: PASCHIM BARDHAMAN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA No. OF 2023; In the matter of: An Application under Article 226 of the Constitution of India And IN THE MATTER OF: Shri Ramkrishna Institute of Medical Sciences & Sanaka Hospital & Anr. . Petitioners -Versus- The Union of India & Ors. ...Respondents Index St Particulars Annemures | Pages No. 1. | List of Dates 2. Points of Law. 3.__| Writ Petition with Affidavit 4. [Photocopy of the resolution dated Pl 09.08.2023 passed by the Sanaka Educational Trust 5. [Copy of the said order dated PQ 21,09.2023 6 |Copy of the said order dated P-3 03.10.2023 7. |Copy of the said letter dated P-4 03.10.2023, 8. | Copy of the said Letter of Intent dated “p.5” 05. 10.2023 9. (Copy of the said etter datea] “her 06.10.2023 10. | Copies of the said notifications dated “PT 19.07.2023 and 20.09.2023DISTRICT: PASCHIM BARDHAMAN IN TRE HIGH COURT AT CALCUTTA. CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA No. OF 2023; In the matter of: An Application under Article 226 of the Constitution of India And IN THE MATTER OF: Shri Ramkrishna Institute of Medical Sciences & Sanaka Hospital & Anr, » Petitioners: -Versus- ‘The Union of India & Ors, -..Respondents LIST OF DATES Dates Events 09.07.2019 |:| Central Government issued an Office Memorandum reserving 10% seats in direct recruitment in civil posts and services in the Government of West Bengal and for admission in Educational Institutions in West Bengal. 17.12.2022, Respondent no.2 and 3 issued a letter to all the private medical colleges in West Bengal to apply to the respondent no.4 and 5 for one time hike of 50 seats on their existing approved intake for 2023- 2024 session on account of providing EWS reservations in 10% state quota seats 20.05.2023 Respondent no.4 and 5 by a letter stating of ground of ineligibility being that petitioner no.1 is a private medical college and also on the ground that the initial 150 seats are yet to be recognized. 20.05.2023 Petitioners being shocked and surprised by the rejection immediately by a letter again requestedthe respondent no.4 and 5 to increase the intake capacity by 50 seats as the petitioners. 24.05.2023 Respondent no.4 aud 5 vide a letter dated informed the petitioners that the application for one time intake capacity has been rejected es the petitioner no.l. (05.10.2023 Letter of Intent was pleased to approve the increase of 50 MBBS seats turning the existing 150 seats into 200 seats. 21.09.2023 Order passed “the Hon'ble Court vide in WPA No.19581 of 2023 03.10.2023 Order passed Hon'ble Apex Comt vide in SLP No.21603 of 2023Ww DISTRICT: PASCHIM BARDHAMAN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA No. OF 2023; In the maiter of: An Application under Article 226 of the Constitution of India And IN THE MATTER OF: Shri Ramkrishna Institute of Medical Sciences & Sanaka Hospital & Anr. .-Petitioners -Versus- ‘The Union of India & Ors. Respondents Points of Law 1. Whether pursuant to the order dated 21.09.2023 passed by this Hon'ble Court, the respondent authorities were duty-bound to include the name of the petitioner no.1 college in the deat matrix and to extend the date of NEET UG counselling for the year 2023 so as to enable the petitioners to induct admission against the increased seats, and if the same was done at that point of time only, the petitioner no.1 college could have very easily inducted students with respect to the additional seats within the period as specified vide the notifications dated 19.07.2023 and 20.09.2023. But as the respondent authority preferred to file a Special Leave Petition against the said order datcd 21.09.2023 passed by this Hon'ble Court, the petitioners could not induct the students against the said student strength as the petitioner college could not participate in the counselling process within the prescribed period of time.ie Mm. Whether at this juncture, if the respondent auchority does not take necessaty steps to include the name of the petitioner no.1 college in the seat matrix and to extend the date of NEET UG counselling for the year 2023 so as to enable the petitioners to induct admission against the increased seats pursuant to the representations filed by the petitioners as well as the solemn orders passed by this Hon’ble Court and the Hon'ble Supreme Court of India, the same would amount to willful violation of the orders of the Hon’ble Courts and petitioners will suffer irreparable loss and injury if they could not induct students against the increased seat strength in the MBBS course. Whether despite the increase in the intake capacity of an additional 50 seats as granted by the National Medical Commission pursuant to the relevant judicial pronouncements, if the petitioner no.1 college fails to participate in the NEET UG counselling process for admission in the MBBS course for a reason completely beyond the control of the petitioners, i.e. the respondent authority unsuccessfully preferring the Special Leave Petition against the order dated 21.09.2023 passed by this Hon'ble Court, the same would amount to of extreme prejudice and deprivation ofthe bona fide rights of the petitioners, Whether the respondent authorities have sat tight over the matter without taking any necessary measures for allowing the Petitioner no.1 college to participate in the NEET JG counselling process, thereby rendering the petitioners helpless and such act and conduct of the respondent authorities are causing tremendous hardship and prejudice to the petitioners. Whether the Respondent Authorities being authorities discharging public duty is subjected to the Rule of Law and theVI. acts and/or conducts of the Respondent Authorities fails to satisfy the test of reason and are clearly unreasonable. Whether the respondent authorities are sitting tight and are acting in violation of principles of equity, fair play, good conscience and natural justice. Whether the respondent authorities have failed to exercise the jurisdiction vested on them in law. Whether the acts, conducts and inaction on che part of the respondent authorities are showcasing high handedness and are beyond the touchstone of relevance.DISTRICT : PASCHIM BARDHAMAN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE QHESy WPA NO. OF 2023 IN THE MATTER OF: ‘An application under Article 226 of the Constitution of India; AND IN THE MATTER OF: 1 Medical Sciences & Sanaka Shri Ramkrishra Institute of Hospital, unit of _ Sanaka Educational Trust, through its Mr. Partha Pobi, Vice President having Village Ps. its office at Durgapur, Paschim Bardbaman 713212; & P.O. Kanksa, 2. Prof. Bhattacharyya, The Principal, Shri Ramkrishna Institute of Medical (Dr) Ca. DebajyotiSciences & Sanaka Hospital having its office at Village & P.O- Malandighi, PS... Kanksa, Durgapur, Paschim Bardhaman, Pin Code ~ 713212. ...Petitioners Versus- 1, The Union of India, service through its Secretary, Ministry of Health and Family Welfare having its office at ‘A’ Wing, Nirman Bhawan, New Delhi 110011; 2. The State of West Bengal, service ~ through the Secretary, Department of Health and Family Welfare, having its office at Swasthya Bhawan, GN-29, Sector-V, Salt Lake, Kolkata- 700091; 3. The Director of Medical Education, Department of Health and Family Welfare, having its office at Swasthya Bhawan, GN-29,Sector-V, Salt Lake, Kolkata- 700091; 4. National Medical Commission service through the Secretary, Pocket 14, Sector 8, Dwarka, New Delhi 110077; 5, The President, National Medical Commission, Medical Assessment & Rating Board, having office at Pocket-14, Sector-8, Dwarka phase- 1, New Delhi - 110077; 6, The Registrar, West Bengal University of Health Sciences, haying office at DD Block, Sector-1, Salt Lake City, Xolkata, West Bengal 700064; 7. The Medical Counselling Committee, Government of India, service through the Directorate General of Health Services, havingits office at Nirman Bhawan, Rajpath Area, Central Secretariat, New Delhi- 110001. ~.Respondents To The Hon'ble T.8. Sivagnanam, Chief Justice and His Companion Justices of the said Hon’ble Court The humble application of the applicants above-named most respectfully — Sheweth: 1, The petitioner no.1 is a unit of Sanaka Educational Trast engaged in providing medical relief and medical edivation with its state-of-the-art infrastructure. Petitioner no,1 is the principal of the petitioner no.1. Petitioner no.1 is authorized by the board of trustee as. Sanaka Education Trust to swear the affidavit and sign the vakalatnama in the instant case. A photocopy of the resolution dated 09.08.2023 passed by the Sanaka Educational Trust is annexed hereto and marked as Annexure “Pl, 2. The respondents are State and/or statutory authorities and/or instrumentalities, coming under the scope, purview and ambit ofArticle 12 of the Constitution of India. The acts, action and inaction of the part of the respondents are subject to judicial serctiny and review. The respondents are all amenable to the writ jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India. 3. The petitioner no.1 ha started its Medical College in the year 2019-2020 after obtaining the Letter of Permission from the Board of Governors, Medical Council of India. The petitioner no.1 is approved by National Medical Commission and affiliated to West Bengal University of Health Sciences. 4. In order to enable the economically weaker sections of the society who are not covered under the scheme for reservation for SCs, STs, and OBCs, the Government of West Bengal being the respondent no.2 pursuant to the national policy of the Central Government issued an Office Memorandum dated 09.07.2019 reserving 10% seats in direct recruitment in civil posts and services in the Government of West Bengal and for admission in Educational Institutions in West Bengal. 5. The respondent no.2 and 3 in order to provide the 10% reservation for Economically Weaker Section (herein referred EWS) in Under Graduate Medical Courses in terms of the orders passed by the Hon’ble High Court in MAT 1969 of 2022 decided to apply before therespondent no.4 and 5 for one time increase of seats in the medical colleges as one time measure in order to avail the 10% seat under state quota for EWS of the society. 6. The respondent no.2 and 3 issued a letter dated 17.12.2022 to all the private medical colleges in West Bengal to apply to the respondent no.4 and 5 for one time hike of 50 seats on their existing approved intake for 2028-2024 session on account of providing EWS reservations in 10% state quota seats. 7. The petitioner applied for Essentiality Certification and obtained the affiliation from the respondent no.6. After obtaining the Essentiality Certification from respondent no.6, the petitioners applied before the respondent no.4 and 5 for increase of intake capacity by 50 seats to accommodate candidate under EWS state quota. 8. Petitioner no.i to increase its capacity of annual intake from 150 to 200 concentrated upon developing its infrastructure and successfully able to do that by spending enormous cost. The petitioner appointed teaching and non-teaching manpower with their administrative facilities. The petitioners also enhanced the student study and accommodation facilities that increased capacity should not conflict with earlier capacities. The petitioners further established clinical amenities that the professors and students as well as patientsmust not face any uncomfortable situation, The petitioners also improved the administrative manpower to monitor the said updated infrastructure in such manner that the Students under EWS quota never {eel discriminated or deprived in any manner. On 3% May, 2023, the representative of respondent no.4 visited the petitioner's college for inspection and after inspection, the signed copy of the inspection report was handed over to the petitioner no.1 by indicating that the petitioner no.1 college has adequate infrastructure, man power, faculty members and clinical facilities. 9. The request of the petitioner no.1 for seat enaancement was surprisingly and arbitrarily declined by respondent no.4 and 5 by a letter dated 20.05.2023 stating of ground of ineligibilily being that petitiéner no.1 is a private medical college and also ovi the ground that the i 150 seats are yet to be recognized. The sest enhancement request was declined despite the fact that the college of petitioner no.1 has adequate infrastructure, manpower and facilities. 10. The petitioners being shocked and surprised by the rejection immediately by a letter dated 20.05.2023 again requested the respondent no.4 and 5 to increase the intake capacity by 50 seats as the petitioners have requisite infrastructure, clinical materials and faculties and the plea taken by respondent no.4 and 5 is baseless, arbitrary, discriminatory and not maintainable in the eyes of law.11. The respondent no.4 and 5 vide a letter dated 24.05.2023 informed the petitioners that the application for cne time intake capacity has been rejected as the petitioner no.1 is a private college and the initial 150 seats are yet to be recognized as the request to issue of “Recognition” letter for award of medical degree by the college is only considered after the grant of 5t Batch (4% Renewal). 12. Your petitioners state that assailing the letters dated 20.05.2023 and 24.05.2023 issued by respondent no.4 and 5, the petitioners preferred a writ petition being WPA 19581 of 2023, which was taken up and heard by His Lordship Hon'ble Justice Kausik Chanda on 21.09.2023 and His Lordship The Hon’ble Justice Kausik Chanda was pleased to direct the National Medical Commission to increase of seats of the petitioner no.1 college following its application dated December 21, 2022, and to communicate the same to respondent no.3 within a period of three days from the date of communication of the said order and thereafter respondent no.3 was further directed to immediately inchide the name of petitioner no.1 college in the seat matrix for ongoing NEET-UG Counselling-2023 conducted by the State. ‘The petitioners crave the kind leave of this Hon’ble Court to refer to and reply upon a copy of the said writ petition at the time of hearing, if necessary. A copy of the said order dated 21.09.2023 is annexed hereto and marked as Annexure “P-2”.13. Your petitioners state that being aggrieved by the said order dated 21.09.2023, a Special Leave Petition being SLP No.21603 of 2023 was preferred before the Hon'ble Apex Court 2y the National Medical Commission and the said Special Leave Petition was taken up on 03.10.2023 and after giving anxious consideration to the submissions made by the Learned Counsels of both the sides, the Hon’ble Apex Court was pleased to dismiss the said Special Leave Petition and did not interfere with the order dated 21.09.2023 passed by this Hon’ble Court, thereby upholding the same. A copy of the said order dated 03.10.2023 is annexed hereto and marked as Annexure “P-3”, 14. Your petitioners state that immediately after the passing of the said solemn order dated 03.10.2023 by the Hon'ble Apex Court, the Learned Advocate-on-Record of the respondents in the said Special Leave Petition i.e, the petitioners herein issued a letter on the same day to the respondent no.4 stating therein that the order dated 21.09.2023 passed by this Hon'ble Court has attained finality and requested respondent no.4 to comply with the directions passed vide the said order. A copy of the said letter dated 03.10.2023 is annexed hereto and marked as Annexure “P-4”,10 15. Your petitioners state that pursuant to the orders dated 21.09.2023 and 03.10.2023 passed by this Hon’ble Court and the Hon'ble Supreme Court of India respectively, the National Medical Commission vide a Letter of Intent dated 05.10.2023 was pleased to approve the increase of 50 MBBS seats turning the existing 150 seats into 200 seats, A copy of the said Letter of Intent dated 05.10.2023 is annexed hereto and marked as Annexure “P-5”, 16. Your petitioners state that after receiving the said Letter of Intent dated 05.10.2023, taking into account the same, the petitioners issued a letter dated 06.10.2023 through their Learned Advocate requesting the respondent no.3 to take necessary steps inter alia to immediately include the name of the petitioner no.1 college iri the seat matrix and extend the date of NEET UG counselling for the year 2023 so as to enable the petitioners to induct admission against the increased seats. A copy of the said letter dated 06.10.2023 is annexed hereto and marked as Annexure “P-6”, 17. Your petitioners state that despite preferring the abovementioned representations, once immediately after the passing of the order of the Hon’ble Apex Court on 03.10.2023 and one on 06.10.2023, there has been no effective measures taken by theql respondent authorities either to immediately include the name of the petitioner no.1 college in the seat matrix or to extend the date of NEET UG counselling for the year 2023 so as to enable tle petitioners to induct admission against the increased seats. 18. Your petitioners state that vide Memo no. HFW- 23099/206/2023/M/1829 dated 19.07.2023 further supplemented by Memo no. HFW-23099/206/2023/2451 dated 20.09.2023, the date of admission to MBBS courses was fixed to be 30.09.2023 and the same has been followed as well. Thus, at this juncture, the counselling process for admission in MBBS courses in State of West Bengal has ceased. Copies of the said notifications dated 19.07.2023 and 20.09.2023 are annexed herewith and marked collectively as Annexure "P77, 19. Your petitioners state that pursuant to the order dated 21.09.2023 passed by this Hon’ble Court, the respondent authorities were duty-bound to include the name of the petitioner no.1 college in the seat matrix and to extend the date of NEET UG counselling for the year 2023 so as to enable the petitioners to induct admission against the increased seats, and if the same was done at tha: point of time only, the petitioner no.1 college could have very easily inducted12 students with respect to the additional seats within the period as specified vide the notifications dated 19.07.2023 and 20.09.2023. But as the respondent authority preferred to file a Special Leave Petition against the said order dated 21.09.2023 passed by this Hon'ble Court, the petitioners could not induct the students against the said student strength as the petitioner college could not participate in the counselling process within the prescribed period of time. 20. Your petitioners state that at this juncture, if the respondent authority docs not take necessary steps to include the name of the petitioner no.1 college in the seat matrix and to extend the date of NBET UG counselling for the year 2023 so as to enable the petitioners to induct admission against the increased seats pursuant to the representations filed by the petitioners as well as the solemn orders passed by this Hon’ble Court and the Hon’ble Supreme Court of India, the same would amount to willful violation of the orders of the Hon'ble Courts and petitioners will suffer irreparable loss and injuzy if they could not induct students against the increased seat strength in the MBBS course. 21. Your petitioners state that despite the increase in the intake capacity of an additional 50 seats as granted by the National Medical Commission pursuant to the relevant judicial pronouncements, if the petitioner no.] college fails to participate in the NEET UG counselling13 process for admission in the MBBS course for a reason completely beyond the control of the petitioners, ie. the respondent authority unsuccessfully preferring the Special Leave Petition against the order dated 21.09.2023 passed by this Hon'ble Court, the same would amount to of extreme prejudice and deprivation of the bona fide rights of the petitioners. 22, The petitioners state that the respondent authorities have sat tight over the matter without taking any necessary measures for allowing the petitioner no.1 college to participate in the NEET UG counselling process, thereby rendering the petitioners helpless and such act and conduct of the respondent authorities are causing tremendous hardship and prejudice to the petitioners. 23, The petitioner state that the petitioners’ right to take admission through the NEET UG counselling 2023 apropos the increased 50 MBBS seats as approved/granted by this Hon’ble Court vide order dated 21.09.2023 passed in WPA No. 19581 of 2023 has been affirmed by the Hon'ble Apex Court vide in order dated 03.10.2023 passed in SLP No.21603 of 2023 and thus such accrued right cannot be frustrated by the respondent authority by adopting a dilatory tactics. 24. The Respondent Authorities being authorities discharging public duty is subjected to the Rule of Law and the acts and/or conducts of4 the Respondent Authorities fails to satisfy the test of reason aad are clearly unreasonable. 25. The respondent authorities are sitting tight and are acting in violation of principles of equity, fair play, good conscieace and natural justice. 26, The respondent authorities have failed to exercise the Jurisdiction vested on them in law. 27. The acts, conducts and inaction on the part of the respondent authorities are showcasing high handedness and are beyond the touchstone of relevance, reasonableness, fair play and ratural justice. 28. Being aggrieved by and dissatisfied with the arbitrary acts, actions, conducts end inaction on the part of the respondent authorities, as narrated above, your petitioner begs to invoke the constitutional writ jurisdiction of this Hon’ble Court, inter-alia, on the following- GROUNDS I. FOR THAT pursuant to the order dated 21.09.2023 passed by this Hon’ble Court, the respondent authorities were duty-bound to include the name of the petitioner no.1 college in the seat1s matrix and to extend the date of NEET UG counselling for the year 2023 so as to enable the petitioners to induct admission against the increased seats, and if the same was done at that Point of time only, the petitioner no.1 college could have very easily inducted students with respect to the additional seats within the period as specified vide the notifications dated 19.07.2023 and 20.09.2023. But as the respondent authority preferred to file a Special Leave Petition against the said order dated 21.09.2023 passed by this Hon’ble Court, the petitioners could not induct the students against the said student strength, as the petitioner college could not participate in the counselling process within the prescribed period of time. FOR THAT at this juncture, if the respondent authority does not take necessary steps to include the name of the petitioner no.1 college in the seat matrix and to extend the date of NEET UG counselling for the year 2023 so as to enable the petitioners to induct admission against the increased seats pursuant to the representations filed by the petitioners as well as the solemn orders passed hy this Hon'ble Court and the Hon’ble Supreme Court of India, the same would amount to willful violation of the orders of the Hon’ble Courts and petitioners will suffer irreparable loss and injury if they could not induct students against the increased seat strength in the MBBS course.I. Vv. 16 FOR THAT despite the increase in the intake capacity of an additional 50 seats as granted by the National Medical Commission pursuant to the relevant judicial pronouncements, if the petitioner no.1 college fails to participate in the NEET UG counselling process for admission in the MBBS course for a reason completely beyond the control of the petitioners, ic. the respondent authority unsuccessfully preferring the Special Leave Petition against the order dated 21.09.2023 passed by this Hon'ble Court, the same would amount to of extreme prejudice and deprivation of the bona fide rights of the petitioners. FOR THAT the respondent authorities have sa: tight over the matter without taking any necessary measures for allowing the petitioner no.1 college to participaté in the NEET UG counselling process, thereby rendering the petitioners helpless and such act and conduct of the respondent authorities are causing tremendous hardship and prejudice to the petitioners. FOR THAT the Respondent Authorities being authorities discharging public duty is subjected to the Rule of Law and the acts and/or conducts of the Respondent Authorities fails to satisfy the test of reason and are clearly unreasonable.7 Vi. FOR THAT the respondent authorities are sitting tight and are acting in violation of principles of equity, fair play, good conscience and natural justice. ‘VIL, FOR THAT the respondent authorities have failed to exercise the Vill. FOR THAT the acts, conducts and inaction on the part of the respondent authorities are showcasing high handedness and are beyond the touchstone of relevance, reasonableness, fair play and natural justice. 29, The offices of the respondents are within the Jurisdiction of this Hon'ble Court and as such, the Hon’ble Court has the jurisdittion to receive, try, entertain and adjudicate the instant writ petition, 30. The petitioners have already approached the respondent authorities and has made sufficient request but the same have been left unheard by the respondent authorities. Any further request or demand will be a futile exercise. 31. Your petitioners have not filed any other application on the self- same cause of action before this Court or in any other fora.18 32, The petitioners state that they do not any other alternative or efficacious remedy. Since the petitioners have exhausted all other remedies provided in law, the petitioner has no other option but to invoke the writ jurisdiction of this Hon'ble Court. 33. There is extreme urgency in the matter in view of the fact that the NEET UG counselling process has been ended by the respondent authorities, and due to the Special Leave Petition being SLP No.21603 of 2028 filed by the respondent authority, the petitioner no.1 college could not participate in the said counselling process within the due time, and now if the said counselling process is not extended by including the name of the petitioner no.1 college in the seat matrix, the petitioners will be in an extremely helpless situation despite there being no fault or shortcoming’on their own. Thus, the petitioners are besceching this Hon’ble Court to file this writ petition dispensing the Rule 26 of the Writ Rules (Appellate Side) of this Hon’ble Court, 34. The balance of convenience and/or inconvenience is entirely in favour of the orders being passed as prayed for herein. 35. Unless orders, as prayed for herein, are passed your petitioners will suffer irreparable loss, injury and prejudice. 36. This application is bonafide and made in the interest of justice.19 In the circumstances, your petitioners most humbly pray that Their Lordships would graciously be pleased to pass the following orders:- a) Leave may be granted to move this writ application, upon dispensation of the Rule 26 of the Writ Rules (Appellate Side) of this Hon'ble Court, without due service of notice upon the respondents; b) A writ of or in the nature of mendamus commanding _the respondent ~ authorities more specifically on respondent no. 7 to forthwith extend the counselling process of NEET UG 2023 for admission in the MBBS course for the year 2023; ©) A writ of or in the nature of mendamus commanding _—the. respondent authorities to include the name of the petitioner no.1 college in20 the seat matrix for admission in MBBS course for the year 2023; d) A writ of or in the nature of mandamus © commanding _the respondent authorities to consider the representations dated 03.10.2023 and 06.10.2023 filed by petitioners; e) Issue a writ in the nature of Certiorari directing the respondents to transmit and certify the records relating to this case before this Hon'ble Court, so that after perusal thereof conscionable justice may be administered to the petitioner; f) Rule NISI in terms of the prayers above; ® An interim order commanding the respondent authorities more specifically the respondent no.3 and 7 to extend the date of counselling process of NEET UG 2023 for21 admission in the MBBS course for the year 2023; h) An interim order commanding the respondent authorities to include the name of the petitione: no. college in the seat matrix for admission in MBBS course for the year 2023; i) Ad4nterim order in terms of prayers (g) and (h) above; J) Costs; k) Such other or further order or orders, direction or directions as to Their Lordships may deem fit and proper. And your petitioners, as in duty bound shall ever pray. Partin Perks | certify that Sri Amupem Ghosh is duly authorized by the petitioners to sign and affirm this petition on their behalf dda Advocate22 AFFIDAVIT I, Partha Pobi, son of Mr. Tapan Kumar Pobi, aged about 43 years, by faith Hindu, by occupation Business, residing at B-150, Columbia Street, Durgapur, Bidhannagar, Sector 2B, Durgapur (M), Paschim Bardhaman 713212 West Bengal, do hereby solemnly affirm and say as follows: 1. That I am the Vice President of petitioner No. i in the inslant petition. T ‘am well conversant with the facts and circumstances af the present case and am competent duly authorized by the other petitioner to sign & swear this affidavit, 2. ‘That the statements contained in paragraph Nos. 1 to 18 are tue to my knowledge and the statements contained in paragaphs No. 19 to 36 are my respectful submissions and prayers before this Hon'ble Court. dee Prepared in my office. Deponent is known to me sa ‘ Advocate. Clerkto CK» Phy O4 Advocate 9 Solemaly affirmed before me on this the OM* day of October, 2023. - 1 Certify that all annexures are Jegible Advocate SAX COMMISSIONER2B ar ANNEXURE- P. SANGKE EDUCHTION@L, TRUST amet Branch Office © Karongapora oad, Ouigapur-71az01 agp, he? eMBonase2, 9200126 Stoo, covsaigadodo 19032774790 fee osas.206: 120, Comba Siro iahon Nay ( Dangapure 714942 sere Be oat Fae 0399 3366802 ‘Tiist Resolution I, Dist Burdvran, West Sea ‘nt Of the: Disetora/ (Designation) af Saviakes| Educational boatd of trustee as Sanaka Educational ‘ijt to sive . Be ant Gott oC lavwand sign the Vakalaamna repatding’inézeastng-scats of the Shri Ranikrishna tistitwe of Medical Soiences &-Senaice Hei inal Trust, ae oe * Rovoby auliorized, by the.0 cu 238 -~ Que Anmbxure- “e/a” WPA 19861 af 2023 ‘Shot Remick Inetitate of Nedical Beenoes & Sanka “Hospital ae Ans. ‘The Unfon of Ia & Ore, --For the Petitioners ‘Mr. Indranil Rey, Mr. Sunit Kr. Roy. ..Por National Medical Commission Mr. Indiajit Dasgupta, Ms. Tanusree Ghosh «for Union of India. Mr. D.W. Maiti, for WBUES Mr. Somnath Ganguli, Ms. Priyamvada Singh, for the State Petitioner no.1 is @ Private Medical College, By Sling this wilt petition, the writ petitioners sought 10 introduce resermtion for the "Economically Weaker Sections" in the college for the MBBS Course by the increase in a number of seats and to participate in the NEET-UG -2028 counselling conducted by the State. ‘The college applied for the same on December 21, 2022, before the National Medical Commission. Following such application, an inspection was carried cout by the National Medical Commission on May 3, 2028, The summary assessment of the ssid inspection ‘as appearing at pege 83 of the writ petition suggests that the college was otherwise found iit for the increase of seate. Subsequeatly, however, the National Medical2% Council by the impugned order dated May 24, 2023, declined to increase the students’ strength on the following grounds: “urther, the request for issue of “Recognition” letter for axard of medical degree by the college is considered only after ‘the grant of Sth batch (4th Renewal). In your case, the College has een granted permission for Sth Batch (4th Renewal) during AY 2023-24 and hence in the first instance, college may apply for issue of “Recognition” letter to “UnderGraduate Medical Education Board” of the National Medical Commission after completing the necessary formalities. a so far as sanctioning of EWS seats to your college is concerned, the Government of India vide letter No. V. 11025/10/2019-MEP dated 29.10.2022 {copy enclosed) has Slarified that “...... Apart from Government medical colleges, EWS reservation may be implemented in Goverament funded Municipal Hodies College and Colleges run by PPP miode....”. Hence, your request for sanctioning of 50 MBES seats under EWS ‘quota cannot be acceded to.” ‘Though the State ab well as the West Bengel University of Health Science has supported the cave of the petitioner, Mr. Indrani! Rey, learned advocate appearing on behalf of the Natimel Medical Comuniasion has vehemently opposed auca prayer. ‘Mr, Roy has submitted that the decision taken. by the Medical Assessment and Rating Board is an ‘ppealable order in terms of Section 28 {§) of the National Medical Commission Act, 2019. The writ etitoners ought to have availed the alternative remedies as provided under the statute before approsehing this Court.26 Iehas been farther argued by Mr. Roy that as matter of policy, the reservation for the “Beonomically ‘Wealcer Sections” has not been introduced in any self inaneed or private medical college. 18 support of his submission, Mr. Roy has relied on the decision reparted at (2019) SCC Ontine Del 9479. Mr. Roy hes submitted that various notifications mentioned in the said judgment make {t absolutely clear that there iss no. government order/notifcation/scheme in place to facilitate “Beonomically Weaker Sections” quota in « private ‘modical college. He submits that it {s not within the domain of the Nationsl Medical Commission to introduce any reservation quota, The National Medical Commission is authocised only to consider the prayer for increase in number of seats within the statutory parameters. He has also added that it is open for the State to introduce the said quota withia the existing students? strength of a callege. Tt has been forcefully argued by Mr, Roy that there cannot be any increase in muniber of seats ‘without relevant medical college being recognized ‘under Sction 35 of the Notional Medical Commission Act, 2019, and uniess, the first batch of studente of the college passes ont, recognition under Section 35 of the National Medical Commission Act, 2019 cannot be granted.2> ‘To substantiate his argument, Mr. Roy has referred to the regulations namely, “Tke Opening of a New or Higher Course of Study or Training (inchiding Post-graduate Course of Study or Training) and Increase of Admission Capacity in any Course of Study of Training (mcluding a postgraduate Course of Study or Training) Regulations, 2000.” He refers to the “Qualifying Criteria? under Partll of the said Regulations. The relevant part of the said Regulations read: “A Medical _College/Meafeat Institution shall be entitled to make an application to increase the admission capacity for MBES/PG Diploma/PG ‘granted recognition under section 11 (2) of the Act and incinded im the First Schedule of the Aet.” “Mr. Roy has also placed reliance upon the Regulations namely, Establishment of Medical College Regulations, 1999. He has referred to the following part of the Regulations. “This process of renewal of Permission will continue til such time the establishment of the medical college and expansion of the hospital facilities are complete and a formal recognition of the medical college is granted. Further admissions shall not be made at any stage unless the requirements of the Council are fatfilled. The Central Government may at any stage convey the deficiencies to the applicant and provide him am opportunity and time to rectify the deficiencies.”28 To refute the argument of the petitioners, Mr. Roy subraits that the college namely, Jegannath Gupta, Institute of Medical Science was allowed to increase the student intake since the said college was granted recognition under Section 86 of the National Metical Commission Act, 2019 after its first bach of otudents ‘hsd completed their MEBS Course. By referring to the letter No. V. 11025/10/2019- MEP dated 29.10.2022 es mentioned in the impugned onder, Mr. Roy has submitted that there is no existing scheme or policy to intruduce the “Economically Weaker Sections” quota in 2 private medical college. 1 eam of the view that the impugned order dated May 24, 2023, cannot be sustained since @ medical college like petitioner no. does not require any recognition under Section 35 of the said Act of 2019. I order to establish a new medica! college or for inereasc of number of seats, permission is required ‘under Section 28 of the Netfonsl Medical Commission ‘Act, 2019. It is truc that unless an institute or a university is recognized under Section 38 of the National Medical Commission Act, 2019, no prayer for an increase of seats can be considered, but on afiliated medical college is never granted recognition under the said section. ‘A recognition under Section 35 of the National ‘Medical Commission Act, 2019 is granted with regard29 to medical qualifications granted by universities or medical institutions of India. ‘The medical institutes or the Universities so recognized are listed under Schedule! of the National Medical Commission Act, 2019. On the other hand, a medical college, affiliated with these universitics or institutes requires permission under the Establishment of Medical College Regulations, 1999 to run a medical college. ‘The recognition under Section 35 of the National ‘Medical Commission Act, 2019 to a medical institute or a university is separate and distinct from the permission granted to a medical college under the Establishment of Medical College Regulations, 1999. ‘The name of West Bengal University of Health Science hhas been listed under Schedule of the said Act, but no medical colleges affliated with the said university are listed under Schedule, Given the aforesaid facts, the National Medical Council was not justified in rejecting the prayer of Petitioner nol for want of its recomition under Section 95 of the sald Act of 2019 ignering the fact that it possesses permission under the Establishment ‘of Medical College Regulations, 1999 to run the college. ‘The said permission is renewable from time to time unless the final-year students of the college complete ‘thelr course. .30 ‘To deal with the secon: applicability of the reservation policy in a private medical college, it is necessary to take note of the suc with regard to the Constitution (One Hundred and Third Amendment) ‘Act, 2029, The relevant part of the said Act ie quoted. below: “{a)_any special provision for the advancement of uny economically weaker sections of Citizens other than the classes mentioned ia clauses (4) and (5); and (&) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses(4 and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided ot unaided by the State, other than the minority educational institutions referred to in clause(1} of article 90, which in the case of . reservation would be in addition to the existing reservations and subject to a maximum of ten per cent, of the total seats in each category. Explanation. - For the purposes of this article and article 16, “economically weaker sections” shall be such as may be notified by the State from time to time on the basis of family income and other indiestore of ‘economic disadvantage.” ‘A bare reading of the afuresaid provision makes it absolutely clear that the said reservation policy has been extended to unaided or private educational institutes as well.31 Jn fact, a notification dated June 25, 2019, tseued by the National Medical Commission explicitly states its intention to extend the reservation policy for the self-finance Medical Colleges. The relevant part of the said etter dated June 25, 2019 reads: ‘Sub; Extension of last date for receiving application for Increases of MBBS seats to implement EWS quota ~ reg, Madamn/ Sir, This is with reference to s letter No. U.12012/380/2019-ME-, dated24.06.2019 granting approval of the proposal of BoG, MCI to extend the benefit of additional seats under EWS: quota to the colleges which are being. mn by Government controlled Societies, Municipal Eodies, Public Private Partnership and under Self Financing mode, and_—_ these institutions (a) provide reservation of seats for SC/ST/ORC, “implement reservation guidelines of State, (b) charge fee fixed by the State Goverment and {c] elso contribute 1596 of seats to All India, Quota{aiQ). of al Secided fo extend the dale of receiving It is inrelevant whether there is aay scheme of the Union to implement the said reservation policy, In32 my view, the State retains its authority to implement a constitutions! mandate for a reservation policy even in ‘the absence of a scheme or notification of the Union. The stand of the State before this Court is ‘unequivocally in favour of the petitioner. In fact, the State itself forwarded the name of petiioner no.1 for the introduction of the “Beonomlcally Weaker Sections” quota, ‘Therefore, 1 am of the view, that the judgment referred by Mr, Roy reported at 2019} SCC Online Del ‘9479 is not applicable in the facts ofthis case, T also accept the contention of Mr. Stiib ‘Chakraborty, learned advocate appeasing on bebalf of the petitioners that the memo dated October 29, 2022, as mentioned in the impugned order does not deal with the issue of introduction of the said quoca in a private medical college. The said notification only clarifies that reservation for the ‘Zconomicslly Wealker Sections” may be introduced in Government funded Municipal Bodies snd Colleges run by FPP Mode without ‘imposing the condition of contribution of seats in the ‘Al India Quota and Fee Regulations. T aim also of the view that since petitioner mo.1 has already been deemed suitable for increasing the ‘number of seats by the National Medical Commission, ‘there cannot be any justification to deny such right on the grounds mentioned in the impugned order.33 Admittedly, the said quota has already been introduced in a private medicel college of the State namely, Jagannath Gupta Institute of Medieal Sciences & Hospital by the National Medical Commission. Petitioner no.1 cannot be discriminated against as a Private Medical College. In view of the urgency involved, I have entertained this writ petition notwithstanding the alternative remedies available to the petitioners, Accordingly, this writ petition is alowed with the following directions: 8) The impugned order dated May 24, 2023 appearing at page 89 is set aside. by The National Medics! Commission shall increase the seats of petitioner no.1 following the application on December 21, 2022, end communicate ‘the same to respondent no. 3 within a perlod of three days from the date of communication ofthis order. ©) Respondent no.3 shall immediately thereafter inchide the name of petitioner no.1 in the seat matrix for ongoing NEET-UG Counselling-2023, conducted by the State. Accordingly, WPA 19581 of 2023 is disposed of. ‘Urgent Photostat certified copy of this order, if applied far, be supplied to the partics upon compliance ‘with el the necessary formalities. (Kausile Chanda, J.)34 LATER After delivering the judgment, Mr, Roy prays fe stay of operation of the order, such prayer is considered and zejected. (Kausik Chanda, J.)-3S- Annexure -"P]3" ITEM NO.21. COURT No.4 SECTION XVI SUPREME CDURT OF INDIA RECORD DF PROCEEDINGS Petition(s) for Special Leave to Appeal (€) No(s). 21603/2023 (Arising out of impugned final judgment and order dated 21-09-2023 in WPA No, 19581/2623 passed by the High Court at calcutta) NATIONAL MEDICAL COMMISSION & ANR. Petitioner(s) VERSUS. ‘SHRI RAMAKRISHNA INSTITUTE OF NEOICAL ‘SCLENCES AND SANAKA HOSPITAL & ORS. Respondent(s) ‘(FOR ADMISSION and I.R. and XA No.198074/2023-EXEMPTION FROM FILING C/¢ OF THE IMPUGNED JUDGMENT ) Date : 03-40-2023 This petition was called on for hearing today. cORAM : HON'BLE WR. JUSTICE B.R. GAVAT HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Gaurav Sharma, AOR Mr. Dhawal Mohan, Adv. Mr. Prateek Bhatia, Adv. Mr. Paranjay Tripathi, Adv. For Respondent(s) Mr. Maninder Singh, Sr. Adv. Hr. Paramjit Singh Patwalia, Sr. Adv. Ms. Bansuri Swaraj, adv. Ur. Siddesh Kotwal, Adv. Mr. Srijib Chakroborty, Adv. Ms. Manya Hasija, Adv. Ms. Ana Upadhyay, Adv, Br. Tejasvi Gupta, Adv. Mr. Pawan Gupta, Adv. Mr. Parijat Chandan, Adv. a Mr, Nitesh Ranjan, AOR34 UPON hearing the counsel the Court made the following ORDER 2 4. We have heard Mr. Gaurav Sharma, learned counsel appearing for the petitioner(s) and Mr. Maninder Singh and Mr. P.S. Patwalia, learned senior counsel appearing for the respondents and we have also perused the material on record, 2. As a matter of fact, the State Government of West Bengal as well as the affiliating universities, i.e, West Bengal University of Health Sciences, have supported the case of the respandents(s) . 3. The submission advanced by the petitioner{s) do not appeal to us, inasmuch as the petitioner{s) itself had sent an assessment committee which hed found that the respondents were possessing the requisite infrastructure, which is sufficient for an intake capacity of 260 students, 4. In the peculiar facts and circumstances of the present case, no case ts made out for interference. 5. Hence, this special leave petition is dismissed accordingly. 6. Penting applications, if any, stand disposed of. (DEEPAK SINGH) {AN3U KAPOOR) COURT MASTER (SH) COURT MASTER (NSH)3 Annexure -* P/i” NITESH RANJAN —— ADVOCATE-ON-RECORD SUPREME COURT OF INDIA DATE- 03.10.2025 LETTER FOR PLIANCE, Ts. ‘The Sceretary, National Mediesl Commission, Pocket-14. Sector-8, Phase-1, Dwarka, ‘New Dethi- 110077 IN THE MATTER OF- SLP (CIVIL) No. 21603 of 2023 NATIONAL MEDICAL COMMISSION & ANOTHER VERSUS SHRI RAMAKRISHNA INSTITUTE OF MEDICAL SCIENCES & SANAKA HOSPITAL AND OTHERS Sub: Compliance of the Order dated:21:09.2023 passed by. the Hon'ble. High Court at Calcutta it WEA No. 19581 of 2023 Sn “The.captioned matier was listed today. as Item No.-21 it the Court 4. of the Hon'ble ‘Supreme:Court of India before the Hoa’ble Mr. Justice B.R. Gavai and Hon'ble Mr. Justice Prashant Kuinar Mishis. The office’of die undersigned hiss marked and entered “ts appearance for Respondent tio. 1 8: Respondent No:2, It is hereby:informed that the captioned matter was filed’on behalf of your office ‘against te Order dated-21.09,2023 passed by the Hon’ble High Court at‘Caleutta in WPA No. 19581 of 2023, wherein Hott’ble High Court was pleased {o allow the Writ Petition with following directions: “a) The impugned Order dated may 24, 2023 appearing at Page 83 is vet aside, 4) The Natioriat siedical Commission shall increase the seats of the Petitioner No. 1 following the application on December 22, 2022, and communicate the same to Respondent No. 3 within a period of three days from the date of communication of this order. Office:- F-1801, Tower-10, Supreme Towers, Sector-99, NOIDA- 201303 E-mail:- advniteshranjan@gmail.com, Website:- waw.vedamlegal.com Landline: 0120-3685158, Mob:- +91-99990-7272636 NITESH RANJAN ADVOCATE-ON-RECORD SUPREME COURT OF INDIA ¢) Respondent No. 3 shall immediately thereafter inclide the name of Petitioner No. 1 in the seat matrix for ongoing NEET-UG Counselling- 2023 conducted by the Stare, That the above-fmentioned order dated 21.09.2023 passed in the WPA No. 19581 of 2023 has been challenged by your affice in the captioned Special Leave petition. Nis ‘or your kind information that the Hon'ble Supreme Court was pleased to dismiss the said SLP (Civil) No, 21603 of 2023 and further said that they are ant inclined to interfere in the impugned Order passed by the Hon’ble High Coust at Caleutta in WPA. No, 19581 0£ 2023, eis for your kind information that in light of the dismissal order in: the captioned Special Leave Petition, the impugned order dated 21.09.2023 passed in the WPA No. 19581 of 2023 by the Hon'ble High Court attained finality. ‘That in consideration of: the abovernentioned facts and the legal cevelopments, the ‘office of the undersigned on behelf of its client regoest you fo coiiply with the dixegtions fiassed by the Hon'ble High Const vide order dated 21.09.2023 in the WPA No, 19581 of 2023, atthe earliest, This letter is for your kind: considération, iformation and for necessary action on your part, Kindly treat this letter as urgent: Warm Regards NITESH RANJAN “Advocate for the Respondent No. 1-& 2 Office:- F-1801, Tower-10, Supreme Towers, Sector-99, NOIDA- 201303 Banail:- advniteshranjan@gmail.com, Website:- www.vedamlegal.com ‘Landline:- 0120-3685158, Mob:- +91-99990-72726File No. NMC/UGIMOZwaKcmmDe6 onMpLter No. 3243981) degapr20es 34 Anwenuee -* Ps —____. Government of India National Medical Commission Medical Assessment & Rating Board (MARB) Undergraduate Section No. NMC/UG/2023-24/000046 Date: 05.10.2023 FOR SEA’ ‘The Dean/Principal, Sri Ramicishna Institute of Medical Sciences & Sanaka Hospitals, Malandighi, P.S. Kanksha, Durgapur- 713 121, West Bengal. Email; deansrims@setgoi.ac.in Sub: Application for increase of 50 MBBS seats from 160 to 200 at Sti Rambrishna Institute of Medical Sciences & Sanaka Hospitals, Durgapur under the West Bengal University of Health Sciences, Kolkata ws 26(1)(b){c) & (a), 28(1)(2)(3) & 29 and section 61(2) of the NMC Act, 2019 for the academic year 2023-24-Permision of Medical Assessment and Rating Board- LO] -regarding, Perce Sir/Madam, Please refer your application for inerease of 50 MBBS seats at Sti Ramkrishna Institute of Medical Sciences & Sanaka Hospitals, Durgapur under the West Bengal University of Health Sciences, Kolkata w/s 26(1)(5)(c) & (@), 28(1)(2)(3) & 29 and section 61(2) of the NMC Act, 2019 for the academic year 2023-24. It is informed that your application for increase of 50 MBBS seats is approved for tho academic year 2022.3. ‘The approval has been granted on the basis of order of Hon'ble High Court of Kolkata dated 21.09.2023 and order of Hon'ble Supreme Court in SLP No.21603 dated 03.10.2023. 2 The Medical Assessment and Rating Board (MARB) of NMC pleased to inform that; APPROVED FOR INCREASE OF 50 MBBS SEATS (450 to 200 MRRS SEATS) 3. In view of the above, approval of 50 MBBS seats, the Commission has decided to obtain undertaking/essential documents for issue of Letter of Permission for increase in seats for the academic year 2023-24: Senate fom cOlice by f. MEENA, Heber LALAARED-NHC. EMBER. KG on 051072081 06:3 PuFile No. NMC/UGIMOZzB@ hanes /Aamepeter No. 8243981) Se opsp/ 2083 uO i. The applicant should provide all infrastructural facilities in terms of teaching and non-teaching staff building, equpment and hospital facilities as per National Medical Commission aorms, i, No student should be admitted in the above courses till the formal Letter of Permission of the Medical Assessment and Rating Board (MARB). ii The Private Medical College should provide Bank Guarantee against increase of new MBBS seats at your medical colleges with intake of increased number of MBBS seats in favour of National Medical Commission, New Delhi valid for 05 years or til the course is recognized, whichever is later, irom a nationalized/scheduled Bank in accordance with NMC norms. However, medical college/institutions governed by the State Govt. are required to furnish only an undertaking to provide funds in their budget till the facilities are fully provided as per time bound programme indicated by them, . The Medical Colleges/ Institutions will provide undertaking to implement the decision regarding payment of stipend during the Internship of the UG students similar to UG sections of Govt, Medical Colleges in their State. v. The Medical Assessment and Rating Board (MARB) reserve the tight to withdraw/cancel/revoke the Letter of Intent/Letter of Permission if it comes to the notice that the permission has been obtained from Medical Assessment and Rating Board (MARB) by mistepresentation of facts or fraud. vi This letter of Intent is conditional and Letter of Permission will be issued only after issue of the Order cf Hon'ble Supreme Court in the maiter. . 4. It shall be incumbent upon the Medical College that the information relating to admission should be submitted within the time specified in the circular in this regards issued by this office from time to time. Any failure to submit the information within this time limit would be constructed that the admission in the college were not in accordance with the statutory requirements, thereby enabling the Commission to Proceed in accordance with law against the college. 5. Action to grant formal permission of the Medical assessment & Rating Board (MARB) for increased intake/starting of the said course at your college will be initiated on receipt of appropriate bank guarantee, if applicable and undertaking/compliance letter fulfilling the conditions enumerated above. 6. The acceptance letter may be sent within one week from the date of issue of this letter to enable the Medical Assessment and Rating Board (MARB) to issue Letter of Permission for the academic year 2023- 24. . Severed tom colic by A MEENA, HombersUMCeARS}AIHC, MEMBER, NUC on 65/30/2083 B40 FOuy File No. NMC/UGUMOZsGWamODes sOOputer No. 8243981) 3e.vo0/2025 Kindly acknowledge receipt of this letter (2 pages) Member President Medical Assessment and Rating Board (MARB) National Medical Commission ‘Signed by siulal Ramprasad Mora, 4 ‘Date: 05-10-2028 18:48:50 Senerated irom eOffce by R. MESH MemterfINVAARS)-NHC, MEMBER, WHC 09 05/1/2699 O49 Ph Reason: Approved/ Annexure" P/6 _., DEEPTANGSHU KAR UV TE re oso ‘Advocst High Cou, Cateutia Mele | sacar a Emel: —_satdeepuposth@arci.com Date: 06/10/2023 To Directorate of Medical Education Department of Health and Family Welfare Swasthya Bhavan, GN-29, Sector-V, Salt Lake, Kolkata Pin Code ~ 700031 Refi Order of Hon'ble High Court of Kolkata in WPA 19581 of 2023 dated 21.09.2023 and Order of Hon'ble Supreme Court in SLP No.21603 of 2023 dated 03.10.2023 Subject: Compliance of the above-referred solemn orders. My clients Sri Rambrishna Institute of Medical Sciences & Sanaka ‘Hospitals, Durgapur Sir/Ma’am, ‘Under the strict instruttions and ‘on behalf of my above-hiamed client, I - bring t6 your Kind attention a Letter of Intent dated 05.10.2023 issued by the National Medical, Commission, wherein ‘The’Medical Assessment arid Rating Board (MARE) Of the National Medical Commission swale pleased $0 approve Increase of 50 MBBS seats raring the existing 150 sits into 200 seats. Ieis pertinent to meni hatwith Che payes to increase the niiuber &. ‘Seats and to pafticipate'in the NEET-UG -2023 counselling condiscted by the State, my above named client had filed ‘the Writ Petition being WPA. 230" 49581 ‘of 2023 and vide an order dated 21:09.2023, His Lordship The’ Hon'ble Justice Kausik Chanda was pleased to direct the National . Medical Commission to increase of seats of my client, ie. medical college = °.; following its application dated December 21, 2022, and t communicate : the-same to your good office within a period of three days from the date of communication of the said order and thereafter your good office was., DEEPTANGSHU KAR u 3 sedans Sutin tert ae “ Advocate . ran coum esata ste nanos Pao saneenihutenttcom further dizeeted to immediately include the name of my chent in the seat matrix for ongoing NEBT-UG Counselling-2023 conducted by the State. Being aggrieved by the said order dated 21.09.2023, a Special Leave Petition being SLP No.21603 of 2023 was preferred before the Hon'ble Apex Court by the Notional Medical Commission and the said Special Leave Petition was taken up on 03.10.2023 and. after giving anxious consideration to the submissions made by the Learned Counsels of both the sides, the Hon'ble Apex Court was pleased to dismiss the said “Special Leave Petition. Pursuant to both these orders of the Hon'ble Calcutta High Court and the, Hon'ble Apex Court, The Medical Assessment and Rating Board (MARB) of the National Medical Comunission took the decision of incréasirig the number of seats in the said medical college. In such ciroumstances, your good office is requested to take necessary steps inter alia.to immediately include the name of my client in the seat matrix and extend the date of NEET UG counselling for the year 2023 so ‘sto cable say client to'take admission against thé increased seats! < isi Yon are directed to forthwith act in compliance of the above’ referred” SS . solemn orders. : ‘Thanking youZY Ly Annexure = ofr Government of West Bengal Directorate of Medical Education Swasthya Bhavan, Salt take Block ~ GN, 29; Sector: V. Kolkata: 700091 Memo No: HFW-23099/206/2023/m/4829 Dated 19-07-2023 ‘Tentative Schedule for Counseling of NET UG 2023 for State Quota, Private Management Quota & NRI Quota In West Bengal ‘SI no of Events In counseling ‘Date and time events 1 Publication of Notice cum Information 21.07.2023 Bulletin 2 Bound i ‘of 25.07.2023 HN Otitiae Registration by candidates (of 28.07.2023 as per fAlialified through NEET UG 2023 server time 3 ‘Onling Fee payment ‘LE am of 25.07.2023 tir ta. Midnight of 28.07:2023 as per sétVer time: 4 27.07.2023. (28.07.2023 34.07.2023 (ii am'to 4 pmas per server tinte) 5 Seat MatrixcforRound.1 2 “Onlin Chofer Filling ad Choice Lock pthe:successfully verified candid ee aa eeOnline Registration by candidates qualiffed through NEET UG 2023 i) Midnight of 15.08.2023 as | a0 “Online Fee payment “Siam of 1408.2623 wit 12" per serves tine a ‘After successful Registration and Fes) *46,08-2023 payment, Verification of Candidates in the | 5s ony oop already designated College and time stat Hs ‘inie) ‘by the software (for WRE candidates server Verification will be done at Swasthya az Pi 2,08,2023 after 12 pm ver ‘Matrix for Rousd 2 a ‘Onflié CHOICE Filing and Choike Locking pri of 21.08.2023 to, By the sueresetlly verted caldater Hldoight of (a8 per server time) — Publication of Heeult Weep ashe]TY at of ta 08.2003 wa > Online Registration by candidates | PM Of 15.08.2023 as per gualified through NECT UG 2023 server time i 1 a9 Inline Fee payment aia 20: " ‘Online Fee payment idianight of 15.08.2023 2 er . sefver time. an ‘After successful Registration and Fee | payttient, Verification of Candidates in the alt nated College aid time stot “by the software (for NRI candidates: \erffication will be done at Swasthva Bhaban) i jabHestion of Ust of Successfully. F106:2023 after 12 gre fled Candidates & Pubiletion of Seat “Matrix ce Giice Filling and Choice Locking | 4 Pmuof 21.08.2023 to + stully verified candidates Midnight of 228.2025 (a pisewervertime) | cca "95.08.2023 after 4 pm Publication of Revalbb already designated College and time slot by the software (for NRE candidates verification will be done at Swasthy2 ban) payment, Verification of Candidates in the | 98.09.2075" (11. am to 4 pm as per server time) | Pubifeation of tist of Successtuity verified candidates.& Pubiication of Seat Matrix for Mop up Round 09.09.2023 after 12 pri ‘Onitne Cholce Filing and Choice Locking by ‘the successfully verified candidates ‘pm of 09.09.2055 ail a2 niantght ‘of 10,09.2023 “Publitation of Result 23.09.2023 after 4 pm ‘The Reportiag and Admission of allotted "44009-2023 candidates to the allotted Institute Be ioe. ee amend, co 2 seauastteWa pa eoed ance S" | cated pase server ti ‘Ointine Reyisteation: ty candidates ‘qualified through: EET UG 2023 qeue.202s Goan to 4 c ‘server time) ‘Online Fee payniant: (20.09.2023 after4 pm, areas Seamer AL Par aE 03 2078 a { 24.08: 028) ape ‘server }-——Tpabligntew oFREsa "assis ae rting and Admission of allotted Sy ‘The! |__~ __}eandidates to the allotted tnstitute | _27.09,2023 | Aran ‘26.09;2025 beay ‘ ~Twith requisite original daciment college” | WT amte's piss pe] | [requisite fee and bond (Once server time | i successfully re-verified they can get | | admitted in the allotted seat), | [30 Phuaical Colieae inval Stray vacancy Round | ~ 28.05.3023 after 4 pm { Publication of Non alfotted candidate list: CU TTT uetiestiow or'gecangy 38,09,2023 afters pm [a2 Yeonduetion of allotment curs admission at | From 12 noon till 6 pm of ; {| the respective college/venue '30.09;2023 as perserver — i ‘tinte. per Je. Ry ‘Govt. of West Bengal48 Gavt, of West Bengal Directacate of Medical Education Swasthya Shavan, GN-29, Sector-V, Salt Lake, Kolkata 700091 Memo No HEW-23099/206/2023/ 21454 Dated 20.09:2023 Urgent \dumri Notice WB NEET UG Medical /Dental Counielity regarding The tentative -sthiedule published Ga 19.07.2023 bearing memo no, HFW: 35039/205/2023/M/1829 contained 3. typographical error regatding online choice tilling and choke locking by suctesstilly verified canididates'as 13 pm of 24.08.2023 i 12 midnight of 22:09.2023 as per server time: This shall Hé read 4-12 am of 21.09.2023 till 12 midnight of 24.09.2025 2s pet server time. Arepursuance 2 the bulletin: published by Medical Counseling Committee; OGHS; Govt.-of india ‘inwebsite ew mce nicin in page:35, Ita candidate gets allotted In saline stray vacaney.round, ‘thi he ste has te fo seh allotted seat if such-alotted candldate femains:not reparted in pilin: stray: vecancy-round, then information: of such candidate hall be: shared ‘with WCC, resting-Ageriey {NTA} ta bar the: candidate is taken to tinirniee Stat blocking and ‘seat MBBS seats ascho ise foradmission Peeonionennenennnes Seine didal Conntnlssion under, Undergraduate Mediéal Education eee meng: fi G-15029/37/2022-06MEB Biers ls-ng 3 thee This he compte oho is department and sunt ‘pute ‘sivich and toricnenet ae Borby inkormaiharrraingly. begat? Director of Medical education Govt. of West BengalDISTRICT: PASCHIM BARDHAMAN IN THE HIGH COURT AT CALCUTTA, CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE wea noo 4 8p 2028; In the matter of: An Application under Article 226 of the Constitution of India And IN THE MATTER OF: Shri Ramkrishna institute of Medical Sciences & Sanaka Hospital & Anr, -»Petitioners -Versus- ‘The Union of india & Ors. .-Respondents Writ Petition Sanjoy Sa:kar Advocate High Court, Calcutta 6, Old Post Office Street, 3 Floor, Room No.79/17, Kolkata ~ 700 001 Mobile No.90884799803 Email : sarkar.s.llb@email.com