aforesaid application was filed under Section 29(6) of NCISM, Act, 2020. Along with the application, the petitioner was required to submit consent of affiliation issued by the University/respondent No.4. The petitioner obtained the consent of affiliation on 22.02.2022 and served respondent No.3 on 04.03.2022. The acknowledgment dated 04.03.2022 is endorsed in Annexure P/10. Before furnishing this consent certificate, respondent No.3 had already rejected the application on 03.03.2022. According to respondents No. 1 to 3, the consent of affiliation was received on 08.03.2022 beyond the last date of submission of application for establishing a new medical College i.e. 31 October 2021. Section 6 of Establishment of New Medical College, Opening of New or Higher Course of Study or Training and Increase of admission capacity by a Medical College, Regulations, issued under the provision of Indian Medical Council Act, 1970 prescribed the eligibility for making an application and according to which there has to be the consent of application in form -5 for establishing a new medical college from a University established under any Central or State statute, therefore, the petitioner was not fulfilling the statutory requirement of having the consent of affiliation before the cut of date, thus the respondents No. 1 to 3 have not committed any error of law while rejecting the application of the petitioner.
