MEDICAL COUNCIL OF INDIA versus JSS MEDICAL COLLEGE & ANR.

Citation: [2012] 1 S.C.R. 136 · Decided: 11-01-2012 · Supreme Court of India · Bench: H.L. DATTU · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
[2012) 1 S.C.R. 136 
MEDICAL COUNCIL OF INDIA 
v. 
JSS MEDICAL COLLEGE & ANR. 
(Civil Appeal No. 274 of 2012) 
JANUARY 11, 2012 
[H.L. DATTU AND CHANDRAMAULI KR. PRASAD, JJ.) 
Interim order: Maintainability of - Writ petition by medical 
college seeking increase of seats for MBBS course from 150 
C to 200 for the academic year 2011-12 - High Court passing 
an interim order granting permission to increase the intake 
of MBBS students from 150 to 200 for the academic year 
2011-12 - Correctness of - Held: High Court erred in 
permitting increase in seats by interim order - It ought to have 
D realized that granting such permission by an interim order 
would have a cascading effect - By virtue of such order, 
students are admitted and though many of them would take 
the risk knowingly but few may be ignorant - In most of such 
cases when finally the issue is decided against the college, 
E the welfare of the students is seriously effected - If on ultimate 
analysis it is found that the college's claim for increase of 
seats is untenable, in such an event the admission of students 
with reference to the increased seats shall be illegal - There 
cannot be anything more destructive of the rule of law than a 
F direction by the court to allow continuance of such students, 
whose admissions is found illegal in the ultimate analysis -
Courts cannot by its fiat increase the seats, a task entrusted 
to the Board of Governors, a body vested with the power to 
carry out the functions and duties of Medical Council of India 
G and that too by interim order - The interim order passed by 
the High Court is set aside - Education. 
The Board of Governors, a body vested with the 
power to carry out the functions and duties of Medical 
Council of India rejected the application filed by the 
H 
136 
MEDICAL COUNCIL OF INDIA v. JSS MEDICAL 
137 
COLLEGE 
respondent-medical college for increasing the seats for A 
MBBS course from 150 to 200 for the academic year 20,1· 
12. The respondent-college filed a writ petition before the 
High Court. The High Court passed an interim order 
granting permission to increase the intake of MBBS 
students from 150 to 200 for the academic year. The 
B 
instant appeal was filed challenging the interim order of 
the High Court. 
Allowing the appeal, the Court 
HELD: 1. The High Court erred in permitting increase 
C 
in seats by interim order. In normal circumstances the 
High Court should not issue interim order granting 
permission for increase of the seats. The High Court 
ought to realize that granting such permission by an 
interim order has a cascading effect. By virtue of such D 
order students are admitted as in the instant case and 
though many of them had taken the risk knowingly but 
few may be ignorant In most of such cases when finally 
the issue is decided against the College the welfare and 
plight of the students are ultimately projected to arouse 
E 
sympathy of the Court. It results in very awkward and 
difficult situation. If on ultimate anc.lysis it is found that 
the College's claim for increase of seats is untenable, in 
such an event the admission of students with reference 
to the increased seats shall be illegal. There cannot be 
F 
anything more destructive of the rule of law than a 
direction by the court to allow continuance of such 
students, whose admissions is found illegal in the 
ultimate analysis. This Court is entrusted with the task to 
administer law and uphold its majesty. Courts cannot by 
G 
its fiat increase the seats, a task entrusted to the Board 
of Governors and that too by interim order. In a matter like 
the present one, decisions on issues have to be 
addressed at the interlocutory stage and they can not be 
deferred or dictated later when serious complications 
H 
138 
SUPREME COURT REPORTS 
(2012) 1 S.C.R. 
A might ensue from the interim order itself. The interim 
order passed by the High Court is unsustainable. [Paras 
10, 11) [143-B-F; 144-D] 
Medical Council of India v. Rajiv Gandhi University of 
B HealthSciences, (2004) 6 SCC 76 : 2004 (3) SCR 1119 • 
relied on. 
c 
Case Law Reference: 
2004 (3) SCR 1119 
referred to 
Para 10 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 274 
of 2012. 
From the Judgment & Order dated 24.08.2011 of the High 
Court of Karnataka at Bangalore in Writ Pt:tition (Civil) No. 
D 31587 of 2007. 
Nidesh Gupta, Amit Kumar, Rekha Bakshi, Ashish Kumar, 
Avijit Mani Tripathi, Jawahar Narang for the Appellant. 
K.K. Venugopal, Vi
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