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

Citation: [2023] 1 S.C.R. 519 · Decided: 10-02-2023 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off

Judgment (excerpt)

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   [2023] 1 S.C.R. 519
519
NATIONAL MEDICAL COMMISSION & ANR
v.
ANNASAHEB CHUDAMAN PATIL MEMORIAL MEDICAL
COLLEGE & ORS
(Civil Appeal No. 966 of 2023)
FEBRUARY 10, 2023
[DR. DHANANJAYA Y CHANDRACHUD, CJI,
PAMIDIGHANTAM SRI NARASIMHA AND
J B PARDIWALA, JJ.]
Education/Educational institutions: MBBS courses –
Admission – Respondent-Medical College was established in 1990
with an annual intake capacity of 100 seats for the MBBS degree
course – The renewal of its recognition became due in 2021 – On
25 November 2021, a letter of permission was issued by which the
application submitted by the Medical College for increase in the
intake capacity from 100 to 150 MBBS seats for 2021-22 was
approved, on a condition that it would be withdrawn if minimum
standard was not found to be maintained – On the basis of assessor’s
report (Inspection report), the letter of permission was withdrawn
resulting in stoppage of admission for academic year 2021-22 –
Writ petition filed before the High Court – High Court upheld the
order of the appellants to the extent to which the letter of permission
was withdrawn qua 50 MBBS Seats and held that the Medical college
is entitled to admit students for 100 MBBS seats for 2021-22 – In
the instant appeal, this Court had stayed the operation of the
operative direction contained in the judgment of the High Court
permitting the Medical College to admit 100 MBBS students for the
academic year 2021-22 –Despite the order of stay granted by this
Court, the Medical College continued to admit students for 2021-
22– The subsequent inspection conducted in pursuance of the
interim order of this Court did not entitle the Medical College to
take the law for granted – Giving due regard to the fate of 100
students, while exercising jurisdiction u/Art.142, their admission
should not be disturbed on a condition that Medical college would
deposit an amount of Rs 2.5 crores as penalty within a period of
four weeks – The amount shall be deposited with the AIIMS Delhi –
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SUPREME COURT REPORTS
[2023] 1 S.C.R.
The amount of penalty shall not be recoverable from the students in
any manner – Constitution of India – Art. 142 – Indian Medical
Council Act – s.11.
Disposing of the appeals, the Court
HELD : 1.When this Court was moved in these proceedings,
an order was passed on 8 April 2022 issuing notice. This Court
was apprised of the fact that after the judgment of the High Court,
a notice to show cause was issued on 7 March 2022 to the Medical
College to show cause as to why the recognition which was
granted on 15 July 2021 and the permission to start and/or conduct
post graduate courses should not be withdrawn. In the meantime,
the Medical College was directed to stop admissions in pursuance
of the deficiencies which were noted during the course of the
investigation which was carried out on 14/15 January 2022. This
Court stayed the operation of the operative direction contained
in paragraph 37 of the judgment of the High Court permitting the
Medical College to admit 100 MBBS students for the academic
year 2021-22. The National Medical Commission and the Medical
Assessment and Rating Board were granted liberty to carry out
a fresh inspection within a period of two months for the purpose
of determining as to whether any deficiencies in complying with
the required norms continue to exist. In pursuance of the
directions of this Court, an inspection of the Medical College
was carried out on 28/29 April 2022 for 2021-22. In view of the
inspection report, the appellants have permitted the Medical
College to admit 100 students. The position as it has emerged
before this Court is that despite the order of stay granted by this
Court, the Medical College continued to admit students for 2021-
22. No application was moved before this Court for variation of
its order or for  seeking permission to admit 100 students. [Paras
5-7][523-G-H; 524-A-D]
2. Notwithstanding the above deficiencies, the High Court,
while upholding the withdrawal of the permission to admit 50
students, permitted the Medical College to continue with the
admission of 100 students. This order was stayed by this Court
on 8 April 2022. Once the order of the High Court permitting the
Medical College to admit 100 students for 2021-22 was stayed,
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the Medical College could not have unilaterally chosen to proceed
with the admission process. This is plainly in breach of the
directions of this Court. The Medical College has

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