Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Educational institutions MBBS courses Admission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Medical Council Act, 1956 (102 of 1956) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | 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increase in the intake capacity from 100 to 150 MBBS seats for 2021-22 was approved, on a condition that it would be withdrawn if minimum standard was not found to be maintained – On the basis of assessor’s report (Inspection report), the letter of permission was withdrawn resulting in stoppage of admission for academic year 2021-22 – Writ petition filed before the High Court – High Court upheld the order of the appellants to the extent to which the letter of permission was withdrawn qua 50 MBBS Seats and held that the Medical college is entitled to admit students for 100 MBBS seats for 2021-22 – In the instant appeal, this Court had stayed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 – 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. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2023 INSC 117 |
Petitioner | National Medical Commission & Anr |
Respondent | Annasaheb Chudaman Patil Memorial Medical College & Ors |
SCR | [2023] 1 S.C.R. 519 |
Judgement Date | 2023-02-10 |
Case Number | 966 |
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