Seats Issue in MBBS Admission: Court imposed cost of Rs. 5 Crore on College for playing with the ‘Future of the Students’, by admitting them against non- permitted seats
Civil Appeal No. 4914 of 2016
Bench: Justice Madan B. Lokur; Justice N. V. Ramana
Case Brief: In the instance appeal, the respondent is a recognized medical college and it is as per rules entitled to admit hundred students for every year to the MBBS course, however, as per the permission granted to it, for the year 2014- 2015 the college admitted additional 50 students over and above the said limit of 100 students. Now, also for the academic year 2015- 2016, the college was desirous of granting such 50 students, as such inspection which was required in this connection was carried out by the Medical Council of India as per the Medical Council of India Establishment of Medical College Regulations, 1999. As such, in an inspection the Inspecting team found a large number of serious deficiencies in connection with the said college. The Medical Council as such recommended to the Central Government for denying the permission to Respondent for adding 50 additional seats for 2015- 2016. The Government did so and informed dean to the respondent- college. Respondent filed writ petition before High Court, which found the decision of the Central Government not correct and set aside the same on the ground that no hearing was given to Respondent before passing decision. The High Court asked college to initiate process afresh. Pursuant to the directions of the High Court, the Government decided to grant provisional permission to the college to conduct the MBBS course for the second batch against increased intake from 100 to 150 seats for concerned year, subject to certain conditions.
The bench firstly observed the decision of the High Court in detailed and also in connection with the facts and circumstances of the case, then opined that High Court ought to have been more circumspect in directing the admission of students by its order. The bench also presumed various questions which the students may face, when they will come to know about the disputes. As per bench the career of a student is involved in the issue. Thus, the bench found no jurisdiction for the orders passed by the High Court. Thus, this bench directed that the admissions to the extra 50 students as per High Court order should not be disturbed. Respondent- College was imposed with the cost of 5 crore of rupees for playing with the future of its students and such amount should not be, in any manner, recovered from student or adjusted against their fees. Moreover, for the coming year, the College was restricted to increase the intake from 100 to 150 students for such courses for 2016-2017 and 2017-2018, strictly. Also further directions as to clear procedures and transparency were given in the process of inspection. Thus, appeal disposed of by this bench.
Read the Judgement: Medical Council of India Vs. Kalinga Institute of Medical Sciences (Kims) And Ors