Facts of the Case

This case is a medical education regulatory dispute with no GST law content — GST is mentioned only as a component of the application fee charged by the regulator. Sri Satya Sai University of Technology and Medical Sciences, Sehore (run by Ayushmati Education and Social Society), sought recognition to establish a new medical college for academic year 2023-24. It attempted to apply online pursuant to a public notice dated 18.07.2022 issued by the Medical Assessment & Rating Board (MARB) of the National Medical Commission, which required the prescribed fee to be paid online 'with GST'. The petitioner deposited the fee, but its application status remained 'in-progress'; when it failed to complete online submission by the extended deadline (31.08.2022), it instead submitted a hard copy. Its first and second appeals against rejection were both dismissed by the appellate authorities and by the Union of India.

Issues Involved

  1. Whether the petitioner's failure to submit its application through the online portal within the extended deadline was excusable.
  2. Whether hard-copy submission could substitute for the mandatory online application process.
  3. Whether precedents involving genuine technical glitches or NOC-timing issues applied to the petitioner's case.

Petitioner's Arguments

  • The petitioner had deposited the prescribed fee and attempted to apply within time; the online portal did not update the application status promptly.
  • Precedents such as Amrit Kunwar Mahavidyalaya (technical glitch cases) and cases involving delayed NOC submission should be applied to excuse the petitioner's default.
  • Since the outer time-limit for the process is the last date of admission (not yet reached), the respondents could still be directed to conduct inspection.

Respondent's Arguments

  • Sufficient time was available for online submission, which the petitioner admittedly failed to complete; no explanation was offered, and hard-copy submission was not an acceptable substitute.
  • The precedents relied upon were distinguishable, since this was not a case of a genuine technical glitch, and the internal inspection schedule for medical colleges is strict and mandatory.

Court Order / Findings

  • The Court held that the case was not one of technical glitch — sufficient time existed for online submission, and no immediate complaint was made when the alleged issue arose.
  • It distinguished the precedents relied on, noting the internal schedule and time limits set for medical college recognition (particularly the inspection stage) are mandatory and cannot be diluted absent justifiable reason.
  • The petition was held to be devoid of merit and dismissed, along with the pending application.

Important Clarification

This ruling has no bearing on GST law — GST appears only because the regulator's application fee was described as inclusive of GST. The substantive holding concerns the strictness of medical education regulatory timelines (NMC/MARB recognition process) and is not relevant to GST practitioners or taxpayers.

Sections Involved

  • Constitution of India — Article 226 (writ jurisdiction)
  • National Medical Commission Act, 2019 (medical college recognition framework, not GST law)

Decision – In Favour of

Decided in favour of the Respondents (Union of India/National Medical Commission) — the writ petition was dismissed as devoid of merit.

Case Details

  • Court: High Court of Delhi at New Delhi
  • Case No.: W.P.(C) 9662/2023 & CM APPL 37024/2023
  • Neutral Citation: 2023:DHC:5749
  • Coram: Hon'ble Mr. Justice Purushaindra Kumar Kaurav
  • Date of Judgment: Pronounced on 14.08.2023

Link to Download the Order

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