MEDICAL COUNCIL OF INDIA versus N.C. MEDICAL COLLEGE AND HOSPITAL AND ORS.

Citation: [2018] 5 S.C.R. 184 · 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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SUPREME COURT REPORTS
[2018] 5 S.C.R.
MEDICAL COUNCIL OF INDIA
v.
N.C. MEDICAL COLLEGE AND HOSPITAL AND ORS.
(Civil Appeal No. 6001 of 2018)
JULY 04, 2018
[UDAY UMESH LALIT AND DEEPAK GUPTA, JJ.]
Education/Educational Institutions – Medical education –
MBBS course – On facts, respondent applied for establishment of
medical college – Deficiencies found and scheme not approved by
MCI and the Central Government – Approval accorded by the
Supreme Court mandated Oversight Committee that the college was
permitted to make admissions for the academic year – However,
conditions subject to which approval accorded, not complied with
– Repeated failure on the part of the College to remove the
deficiencies – On physical verification again deficiencies found –
During pendency of the matter before the Central Government, filing
of writ petition – Interim order by the High Court permitting the
Medical College to grant provisional admissions for the Academic
Session – Justification of – Held: Not justified – Permission to make
admissions for the current academic session could not have been
granted unless and until on physical verification everything was
found to be in order – Condition of making students aware about
the pendency of the matter and stating that their admissions would
be subject to the result of pending litigation, not a sufficient
insulation – Provisional admission and making them subject to the
result of the petition may entail tremendous adverse consequences
and prejudice to students – Thus, the interim order passed by the
High Court set aside.
Allowing the appeal, the Court
HELD: In the face of repeated failures on part of the
Respondent College to remove the deficiencies, no permission
to make admissions for the current academic session could have
been granted unless and until on physical verification everything
was found to be in order. A condition such as making students
aware about the pendency of the matter and stating that their
[2018] 5 S.C.R. 184
184
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admissions would be subject to the result of pending litigation, is
not a sufficient insulation. There have been cases where after
making such provisional admissions the Colleges have been
denied permission upon physical verification. Questions then
come up as to what is the status of such students and how best
their interest can be protected. Theoretically, in terms of
conditions of Essentiality Certificate the concerned State
Government is obliged to take care of interest of such students.
But the harsh reality is such students cannot be accommodated
because in normal circumstances all the seats in every Medical
College are filled up. It then becomes a case of impossibility of
accommodating such students in any existing College. The entire
exercise may thus result in great hardship and wastage of
academic years of the concerned students. It is for this reason
that while granting any interim relief very cautious approach needs
to be adopted. It may be possible to expedite the process of
physical verification in a given case but to allow provisional
admissions and make them subject to the result of the petition
may entail tremendous adverse consequences and prejudice to
students. Thus, the High Court was not justified in passing interim
directions and permitting the College to go ahead with provisional
admissions for the Academic Session. The interim order is set
aside. [Paras 12, 14][190-F-H; 191-A-B; 194-B]
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 and another (2012) 5 SCC 628 : [2012] 1 SCR
136; Medical Council of India v. Kalinga Institute of
Medical Sciences (KIMS) and ors. (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 13
[2012] 1 SCR 136 
referred to
Para 13
[2016] 4 SCR 403
referred to
Para 13
(2017) 13 SCC 115
referred to
Para 13
MEDICAL COUNCIL OF INDIA v. N.C. MEDICAL COLLEGE
AND HOSPITAL
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SUPREME COURT REPORTS
[2018] 5 S.C.R.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6001
of 2018.
From the Judgment and Order dated 29.05.2018 of the High Court
of Punjab & Haryana at Chandigarh in C.W.P. No.13366 of 2018.
Mr. Maninder Singh, ASG, Gaurav Sharma, Prateek Bhatia, Advs.
for the Appellant.
Govind Goel, Ankit Goel,

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