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Supreme Court of India · 10/02/2023

NATIONAL MEDICAL COMMISSION & ANR versus ANNASAHEB CHUDAMAN PATIL MEMORIAL MEDICAL COLLEGE & ORS

[2023] 1 S.C.R. 519 · 2023 INSC 117

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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

  1. 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

Held

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.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 519.