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Civil · Reportable judgment

Medical Council of India vs Jaipur National University Institute for Medical Sciences and Research Centre Jaipur and Another

Court
Supreme Court of India
Date
4 July 2018
Case No.
Civil Appeal No. 6000 OF 2018
Result
Allowed
Bench
Uday Umesh Lalit, Deepak Gupta
Citation
[2018] 5 S.C.R. 195 : 2018 INSC 582
Supreme Court Reports [2018] 5 S.C.R. 195 : 2018 INSC 582
Headnote

Education/Educational Institutions – Medical education – Renewal of permission to admit students for MBBS course for next academic session – Grant of – On facts, interim order by High Court directing the Central Government to permit the Medical institute to admit 150 students in the third batch of MBBS course for the academic year subject to a rider that if the Institute fails, the fees would be refunded to the students – Propriety and correctness of – Held: There was no justification for passing interim directions and permitting the Institute to go ahead with provisional admissions for the academic session – Any stipulation that the admissions pursuant to such interim directions shall be subject to the result of the petition would not be a sufficient protection or insulation and such orders result in tremendous prejudice to the students – Proper course would be to hear the matter finally rather than passing interim directions – Thus, the High Court not justified in passing the interim order – Order passed by the High Court set aside.

Medical Council of India v. Rajiv Gandhi University of Health Sciences and others (2004) 6 SCC 76 : [2004]

3 SCR 1119; Medical Council of India v. JSS Medical College (2012) 5 SCC 628: [2012] 1 SCR 136; Medical Council of India v. Kalinga Institute of Medical Sciences (KIMS) (2016) 11 SCC 530 : [2016] 4 SCR 403; Dental Council of India v. Dr. Hedgewar Smruti Rugna Seva Mandal Hingoli and Others (2017) 13 SCC 115 –

referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by UDAY UMESH LALIT, J. 1. Leave granted. 2. This appeal challenges the correctness of interim order dated 29.05.2018 passed by the High Court of Rajasthan, Bench at Jaipur in D. B. Civil Writ Petition No.10103/2018 whereby the High Court directed the Central Government to permit the Respondent Institute to admit 150 students in the third batch of MBBS course for the academic year 20182019. 3. Pursuant to appropriate recommendation having been given by Medical Council of India (‘MCI’, for short), Central Government by its letter dated 06.06.2016 grant
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