Education/Educational institutions: MBBS courses – Admission – Respondent-Medical College was established in 1990 with an annual intake capacity of 100 seats for the MBBS degree course – The renewal of its recognition became due in 2021 – On
25 November 2021, a letter of permission was issued by which the application submitted by the Medical College for increase in the intake capacity from 100 to 150 MBBS seats for 2021-22 was approved, on a condition that it would be withdrawn if minimum standard was not found to be maintained – On the basis of assessor’s report (Inspection report), the letter of permission was withdrawn resulting in stoppage of admission for academic year 2021-22 – Writ petition filed before the High Court – High Court upheld the order of the appellants to the extent to which the letter of permission was withdrawn qua 50 MBBS Seats and held that the Medical college is entitled to admit students for 100 MBBS seats for 2021-22 – In the instant appeal, this Court had stayed the operation of the operative direction contained in the judgment of the High Court permitting the Medical College to admit 100 MBBS students for the academic year 2021-22 –Despite the order of stay granted by this Court, the Medical College continued to admit students for 202122– The subsequent inspection conducted in pursuance of the interim order of this Court did not entitle the Medical College to take the law for granted – Giving due regard to the fate of 100 students, while exercising jurisdiction u/Art.142, their admission should not be disturbed on a condition that Medical college would deposit an amount of Rs 2.5 crores as penalty within a period of four weeks – The amount shall be deposited with the AIIMS Delhi – The amount of penalty shall not be recoverable from the students in any manner – Constitution of India – Art. 142 – Indian Medical Council Act – s.11.
Disposing of the appeals, the Court
HELD : 1.When this Court was moved in these proceedings, an order was passed on 8 April 2022 issuing notice. This Court was apprised of the fact that after the judgment of the High Court, a notice to show cause was issued on 7 March 2022 to the Medical College to show cause as to why the recognition which was granted on 15 July 2021 and the permission to start and/or conduct post graduate courses should not be withdrawn. In the meantime, the Medical College was directed to stop admissions in pursuance of the deficiencies which were noted during the course of the investigation which was carried out on 14/15 January 2022. This Court stayed the operation of the operative direction contained in paragraph 37 of the judgment of the High Court permitting the Medical College to admit 100 MBBS students for the academic year 2021-22. The National Medical Commission and the Medical Assessment and Rating Board were granted liberty to carry out a fresh inspection within a period of two months for the purpose of determining as to whether any deficiencies in complying with the required norms continue to exist. In pursuance of the directions of this Court, an inspection of the Medical College was carried out on 28/29 April 2022 for 2021-22. In view of the inspection report, the appellants have permitted the Medical College to admit 100 students. The position as it has emerged before this Court is that despite the order of stay granted by this Court, the Medical College continued to admit students for 202122. No application was moved before this Court for variation of its order or for seeking permission to admit 100 students. [Paras 5-7][523-G-H; 524-A-D]
2. Notwithstanding the above deficiencies, the High Court, while upholding the withdrawal of the permission to admit 50 students, permitted the Medical College to continue with the admission of 100 students. This order was stayed by this Court on 8 April 2022. Once the order of the High Court permitting the Medical College to admit 100 students for 2021-22 was stayed, the Medical College could not have unilaterally chosen to proceed with the admission process. This is plainly in breach of the directions of this Court. The Medical College has made an attempt to overreach the process of the Court. The subsequent inspection conducted in pursuance of the interim order of this Court did not entitle the Medical College to take the law for granted. It plainly acted in defiance of the order of this Court. [Para 11][525-H; 526-A-B]
3. The issue which now remains is as regards the admission which was granted to 100 students for 2021-22 in breach of the order of stay passed by this Court. On one hand, the Court has due regard to the consequences which will be faced by the students if their admissions are disturbed, at this stage. Equally, the sanctity of the judicial process has to be observed. Therefore, in the exercise of the jurisdiction under Article 142 of the Constitution, the admissions which were granted to 100 students for 2021- 22 should not be disturbed conditional on the Medical College depositing an amount of Rs 2.5 crores within a period of four weeks. The amount shall be deposited with the All India Institute of Medical Sciences, New Delhi. The amount, upon deposit, shall be utilized at the discretion of the Director, AIIMS for meeting the requirements of poor and needy patients. The amount which has been directed to be deposited by the Medical College by way of penalty shall not be recoverable from the students in any manner, whether for the present year or thereafter. [Para 13][526-C-F]
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.
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