MEDICAL COUNCIL OF INDIA versus KALINGA INSTITUTE OF MEDICAL SCIENCES (KIMS) & ORS.

Citation: [2016] 4 S.C.R. 403 · Decided: 06-05-2016 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Disposed off

Cited by 10 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2016) 4 S.C.R. 403 
MEDICAL COUNCIL OF INDIA 
v. 
KALINGA INSTITUTE OF MEDICAL SCIENCES (KIMS) & 
ORS. 
(Civil Appeal No. 4914 of2016) 
MAY06,20l6 
[MADAN B. LOKUR AND N.V. RAMANA , JJ.] 
Education/Educational Institutions: 
Medical education - Admission to medical colleges -
Respondent a recognised medical college was entitled to admit I 00 
students every year to MBBS course - For academic year 2014-15, 
it was granted permission to admit an additional 50 students -
Respondent was desirous of granting admission to additional 50 
students for academic year 2015-16 also - With a view to ensure 
that adequate facilities were available for increased number of 
students, an inspection by team of MCI was carried out and serious 
deficiencies were pointed out by Inspection team - Recommendation 
given by MCI to deny permission to respondent to add 50 additional 
seats for academic year 2015-16 - Central Government sent 
communication to respondent college to l10t admit any students in 
second batch of MBBS course against the increased intake from 
IOO to 150 seats for academic year 2015-16 - Writ petition by 
respondent - High Court directed Central Government to grant 
provisional permission to respondent to conduct the course for 
additional 50 students in the academic year 2015-16 subject to 
certain conditions including condition that respondent shall make 
it clear to the students who were admitted that their admission was 
subject to result of writ petition - Consequently 50 students were 
given admission - Another interim order was passed wherein MCI 
was directed to conduct ji·esh inspection of respondent college and 
to check up purported compliance claimed by respondent college 
of the deficiencies pointed out in the earlier inspection - Fresh 
inspection was carried out and large number of deficiencies were 
found in the facilities available in respondent college - High Court 
invalidated the inspection report - Aggrieved with the invalidation 
of inspection report and the provisional admission of the additional 
403 
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B 
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D 
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F 
G 
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404 
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B 
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SUPREME COURT REPORTS 
[2016] 4 S.C.R. 
candidates. MCI approached Supreme Court - Held: High Court 
considered the latest report of the Inspection Team as if it was 
hearing an appeal against the report - This was not within the 
domain of the High Court in exercise of its jurisdiction u!Art.226 -
High Court plainly exceeded its jurisdiction in this regard in 
venturing into seriously disputed factual issues - Inspection having 
been carried out by eminent Professors from reputed medical 
institutions who were experts in the field, courts are not equipped 
to take a different view except in case of allegation of malafides of 
inspection team or any perversity in impection report - High Court 
although noting that the inspection was with reference to academic 
year 2015-16 and the report pertained lo year 2016-17 which year 
was not at all the subject matter but still exa111ined the report -
Invalidation of the inspection report of acade111ic year 2016-17 
would not have automatically invalidated the inspection report for 
academic year 2015-16 - High Court's order set aside - Medical 
Council of India Establishment of Medical College Regulations, 
1999. 
Medical education - Admission to 111edical colleges -
Respondent college was specifically told by the Central Government 
not to admit stude11ts - DeJpite this, the respondent college persisted 
in litigation to so111ehow or the other accommodate 50 additional 
students - However, for the fault of the re5pondent college, the 
students should not suffer nor should the re5pondent college get 
away scot free - Therefore, admission granted to the 50 students 
shall not be disturbed - Costs of Rs. 5 crores imposed on the 
respondent college for playing with the future of its students - MCI 
directed to prepare s Standard Operating Procedure in consultation 
with the Central Government for conducting a11 inspection as 
required by 1999 Regulations - Directions passed to put the report 
of the Inspection Team on website of the concerned college a11d of 
the MCI - Also the Central Govern111ent to put its decision on the 
report on the website of the concerned college and of the MCI -
Costs. 
Administrative law:· Judicial review - Expert body - Report of 
- Scope of interference -
Inspection carried out by Medical Council 
of India - Report of inspection team - Held: Inspection having 
been carri

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