Dr. Survi Karthik Goud And ANR v. The Chairman Of National Medical Commission And ORS
1 40 wp 12986 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12986 OF 2023 Dr.Survi Karthik Goud & Anr.
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Petitioners
Versus
The Chairman of National Medical Commission & ORs.
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Respondents Ms.Kalpana Kanhere and Mr.Jivteshwar Singh, Advocate for the Petitioners.
Mr.Akshay S. Pansare i/b. Mr.Sachindra B. Shetye Advoate for Respondent No.4 (MUHS).
CORAM : NITIN JAMDAR AND MANJUSHA DESHPANDE, JJ.
DATE : 06 NOVEMBER 2023.
P.C. :
The Petitioners are studying with Respondent No.5Grant Government Medical College and Sir JJ Group of Hospitals, Byculla, Mumbai in the DM Neurology course. On 30 May 2023 decision taken by President of National Medical Commission (Commission), Medial Assessment and Rating Board (MARB) to Respondent No.5 was communicated to Respondent No.5 stating that there would be no admissions permitted for the academic year 2023-24 for DM Neurology course, Mumbai, and there have been Digitally signed by RAJESHRI PRAKASH AHER Date:
2023.11.11 12:57:49 +0530 wrong seat matrix data and one who prepared the wrong seat matrix RAJESHRI PRAKASH AHER data, disciplinary action needs to be taken and report should be Rajeshri Aher
2 40 wp 12986 of 2023.doc submitted to the Commission. Accordingly, the National Medical Commission called upon Respondent No.5 not to take fresh admissions in the academic year 2023-24. It is the Petitioners who have challenged this decision but Petitioners are not affected by the said decision because the Petitioners' admission on the added post is not being disturbed. This position is an admitted position before us. If that being the position, the Petitioners locus to challenge this decision becomes entirely questionable. In paragraph 19 of the Petition, the Petitioners after criticizing the decision have stated that it will place burden on the Petitioners, and how it will be difficult for the College if the seats are not restored.
The Petitioners have no locus to raise this question. This is not a Public Interest Litigation (PIL) neither a grievance made by Respondent No.5 before us. As far as the Petitioners are concerned, their admissions are not being disturbed.
The Writ Petition is accordingly disposed of. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.) Rajeshri Aher