MEDICAL COUNCIL OF INDIA versus JAIPUR NATIONAL UNIVERSITY INSTITUTE FOR MEDICAL SCIENCES AND RESEARCH CENTRE JAIPUR AND ANOTHER

Citation: [2018] 5 S.C.R. 195 · Decided: 04-07-2018 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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MEDICAL COUNCIL OF INDIA
v.
JAIPUR NATIONAL UNIVERSITY INSTITUTE FOR MEDICAL
SCIENCES AND RESEARCH CENTRE JAIPUR AND
ANOTHER
(Civil Appeal No. 6000 OF 2018)
JULY 04, 2018
[UDAY UMESH LALIT AND DEEPAK GUPTA, JJ.]
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.
Case Law Reference
[2004] 3 SCR 1119
referred to
Para 8
[2018] 5 S.C.R. 195
195
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SUPREME COURT REPORTS
[2018] 5 S.C.R.
[2012] 1 SCR 136
referred to
Para 8
[2016] 4 SCR 403
referred to
Para 8
(2017) 13 SCC 115
referred to
Para 8
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6000
of 2018.
From the Judgment and Order dated 29.05.2018 of the High Court
of Judicature for Rajasthan, Bench at Jaipur in DB Civil Writs No. 10103/
2018.
Mr. Maninder Singh, ASG, Gaurav Sharma, Prateek Bhatia, Advs.
for the Appellant.
Mr. Vivek Krishna Tankha, Sr. Adv., Ms. Bina Madhavan, Varun
K. Chopra, Piyush Dwivedi, Ms. Ramandeep Kaur, Lawyer’s Knit &
Co., R. Balasubramanium, Sachin Sharma, Arvind K. Sharma, Advs.
for the respondents.
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 2018-
2019.
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 granted letter of permission to the Respondent
Institute to establish a Medical College from the academic year 2016-
2017 with annual undertake of 150 students. It appears that after
conducting due inspection and verification, MCI did not recommend
renewal of permission for the next academic session 2017-2018.
However, the Central Government by its letter dated 31.05.2017 granted
renewal of permission to admit 2nd Batch of students for the academic
year 2017-2018.
4. In Writ Petition No.432 of 2017 (N.C. Medical College and
Hospital Principal v. Union of India Secretary and Another), a list
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of 24 Colleges who despite negative recommendation on part of MCI
were accorded renewal of permission by the Central Government was
extracted by this Court in its order dated 09.10.2017 and all those
Institutions including the Respondent Institute were added as
respondents. This Court further directed MCI to conduct surprise
inspection in respect of all the Colleges. It appears that the Assessors
appointed by MCI conducted physical assessment and verification on
31st October, 2017 and 1st November, 2017.  The assessment report was
placed before the Executive Committee of MCI in its Meeting held on
22.11.2017 where the Executive Committee observed various deficiencies
of Infrastructure, Clinical Material and other physical facilities. The
Executive Committee therefore decided to recommend to the Central
Government not to
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