Summary
A medical college in Maharashtra obtained permission in November 2021 to raise its MBBS intake from 100 to 150 seats, but a surprise inspection in January 2022 found gross deficiencies including apparently fictitious patients, and the National Medical Commission withdrew the permission and stopped admissions for 2021-22. The Bombay High Court upheld the withdrawal for the 50 additional seats but allowed admission to 100 seats; the Supreme Court stayed that direction on 8 April 2022, yet the college admitted 100 students. The Supreme Court held that the college had defied its order and attempted to overreach the judicial process, but, since the students came through central counselling, declined under Article 142 to disturb their admissions on condition that the college deposit Rs. 2.5 crores with AIIMS, New Delhi within four weeks for poor patients, not to be recovered from students.
Issues
- Whether admissions made by a medical college to 100 MBBS seats for 2021-22 in breach of the Supreme Court's stay of the High Court's direction permitting them should be disturbed, and on what terms.
Provisions considered
- Article 142, Constitution of IndiaBalancing the consequences to students admitted through central counselling against the sanctity of the judicial process, the Court protected the admissions on condition of a penalty deposit by the college for the benefit of poor and needy patients. (¶¶ 13, 14)
- Section 11 recognition and letter of permission for increased intake, Indian Medical Council Act, 1956 and National Medical Commission regimeThe letter of permission for 150 seats was expressly conditional on maintenance of minimum standards at surprise inspection; the inspection of 14 and 15 January 2022 disclosed low genuine occupancy, patients admitted on the day who vanished by evening, vitals and treatment recorded in advance and bogus contact numbers, justifying withdrawal. (¶¶ 3, 4, 9, 10)
Held
- Once this Court stayed the High Court's direction permitting admission of 100 students, the college could not unilaterally proceed with admissions; the later inspection ordered by this Court did not entitle it to take the law for granted, and no application was ever made for variation of the stay or for leave to admit. (¶¶ 7, 11, 13)
Result
Appeals disposed of; admissions of 100 MBBS students for 2021-22 not disturbed, subject to the medical college depositing Rs. 2.5 crores with the All India Institute of Medical Sciences, New Delhi within four weeks, to be used at the Director's discretion for poor and needy patients, with proof furnished to the appellants and the Registry; the penalty not to be recovered from students; pending application disposed of.