Authority: High Court of Judicature at Madras
Order Date: 04/11/2026
Case Overview
- Petitioner: Nandivarman Medical College and Hospital, represented by Dean Dr. Ganesh Murugaperumal, seeking a Letter of Permission to establish a new medical college with an annual intake of 150 MBBS seats for Academic Year 2026‑27.
- Respondents: (1) Union of India, represented by Director (ME), Ministry of Health and Family Welfare; (2) National Medical Commission (NMC), represented by Secretary; (3) Medical Assessment and Rating Board (MARB), represented by Secretary.
- Application filed online on 30/01/2026 for recognition and permission.
- Show‑cause notice issued on 17/06/2026 highlighting deficiencies in the application.
- Physical inspection conducted on 22/06/2026 by assessors appointed by MARB.
- Compliance report filed by petitioner on 07/07/2026 addressing the show‑cause deficiencies.
- MARB issued a Letter of Disapproval on 27/07/2026, rejecting the petition on grounds of inadequate faculty.
- First Appeal filed before NMC on 09/08/2026; dismissed on 01/09/2026.
- Second Appeal filed before the Union of India; dismissed on 13/10/2026 (impugned order).
- Core deficiency cited: requirement of 114 faculty members for 150 MBBS seats; only 14 faculty recorded AEBAS attendance ≥75% for the period 01/07/2026‑09/08/2026, and no faculty in the Department of Forensic Medicine & Toxicology.
- Additional AEBAS issues: delayed submission of geographic coordinates (provided on 11/06/2026; mapping completed on 01/07/2026 and 07/07/2026); no attendance recorded in AEBAS between 07/07/2026‑13/07/2026.
- Petitioner's arguments: physical verification report indicated faculty were “adequate and no deficient”; AEBAS technical glitch prevented attendance recording; show‑cause notice did not mention faculty deficiency; differing dates in orders do not indicate contradictory grounds; manual attendance should be considered.
- Court observations: Physical verification confirmed presence of AEBAS hardware but did not verify attendance compliance; statutory requirement under Public Notice dated 22/12/2025 mandates faculty registration in AEBAS and physical presence within 15 days; attendance percentage of 75% is integral to regulatory compliance per UGMSR 2023 and Section 28(7) & 29 of the NMC Act.
- Cited precedent: Shrinivas G Educational and Research Institute v. National Medical Commission (2025) emphasizing that manual registers cannot substitute AEBAS attendance.
- Court held that the deficiencies identified (insufficient AEBAS‑recorded attendance and absence of faculty in a basic science department) were substantive, not curable, and therefore justified the disapproval.
- Court declined to substitute its own assessment for that of the statutory expert authorities and found no procedural impropriety by the respondents.
Final Outcome
- The writ petition (WP No. 43906 of 2026) is dismissed.
- No Letter of Permission is granted for the proposed 150‑seat MBBS intake.
- No costs awarded; the connected Miscellaneous Petition is closed.
Topics: Legal‑Regulatory Approval, Medical College Faculty Requirements