Supreme Court of India
MEDICAL COUNCIL OF INDIAversusJSS MEDICAL COLLEGE & ANR.
- Citation
- 2016 INSC 43
- Decided
- 12 January 2016
- Disposal
- Disposed off
Holding
JSS Medical College must deposit Rs 5 crore in the Supreme Court registry, may admit only 150 students in the next academic year, and the current batch may complete their MBBS course.
Summary
The Supreme Court heard an appeal by the Medical Council of India against JSS Medical College for flouting its earlier 2012 order. The college had allowed students to continue their MBBS studies despite being directed to halt admissions. The Court allowed the current batch, who had completed four years, to finish their degree, but imposed a punitive deposit of Rs 5 crore to be paid into the Court registry, which cannot be recovered from students. It also reduced the college’s intake for the next academic year to 150 students, below the sanctioned 200. The appeal was disposed of with these directions.
Issues considered
- Whether JSS Medical College must comply with the Supreme Court's 2012 directions restricting admissions and continuing studies
- Whether students already enrolled may be permitted to complete their MBBS course despite the earlier order
- What appropriate remedial and punitive measures should be imposed for the college's non‑compliance
Subjects
Medical Council of IndiaJSS Medical CollegeAdmission restrictionsCompliance with court ordersPunitive depositAdmission capMBBS educationRegulatory enforcement
Judgment
•
[2016] 1 S.C.R. 509
MEDICAL COUNCIL OF INDIA A
v.
JSS MEDICAL COLLEGE & ANR.
(Civil Appeal No. 195of2016)
JANUARY 12, 2016 B
[MADAN B: LOKUR AND R.K. AGRAWAL, JJ.]
Educatio11/Educatio11al I11stitutio11s: Admission - Respondent
college did not comply with the directions passed in Supreme Courts
judgment in MCI vs. JSS Medical College (2012) 5 SCC 628 and
rather permitted the students to continue their studies - The conduct
c
of respondent college is most unfortunate - In order to send message
to the respondent college and other medical colleges, respondent
college is directed to deposit an amount of Rs. 5 crores in the registry
of the Supreme Court - The amount so deposited towards costs shall
not be recovered in any manner from any student or adjusted against D
the fees or provision offacilities for students of subsequent batches
- Further to send strong message to respondent college and other
medical colleges, respondent college is permitted to admit only 150
students as against the sa11ctio11ed strength of 200 for the next
academic year - Appeal disposed of
E
Medical Council of India vs. JSS Medical College and
Another 2012 (1) SCR 136 : (2012) 5 SCC 628 -
referred to.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 195
of2016 F
From the Judgment and Order dated 10.02.2012 of the High Comt
ofKarnataka at Bangalore in Writ Petition (Civil) No. 31587 of201 J
....Vikas Singh, Gaurav Sharma, Prateek Bhatia, Dhawal Mohan for
the Appellant.
G
Shashikiran Shetty, K. K. Venugopal, Sharan Thakur, Vijay Kr.
Pardeshi, V. Ramesh, Mahesh Thakur, Dr. Sushi I Balwada, V. N.
Raghupathy, S. Udaya Kumar Sagar, Bina Madhavan, Akanksha Mehra,
Shrinjan Khosla, Swati Vellodi, Mrityunjai Singh, (For Mis. Lawyer S
Knit & Co.) for the Respondents.
H
509
510 SUPREME COURT REPORTS [2016) I S.C.R.
A The Order of the Court was delivered by
Leave granted.
We have heard learned counsel for the parties as well as learned
counsel for the students (interveners).
B After hearing all the parties, we are of the opinion that in the
interest of the students as well as the Medical Council oflndia and also
to send a message across to the JSS Medical College and other medical
colleges, the following directions are passed:
(i) Since the students have completed 4y, years of their MBBS
c Course and.are likely to complete their course some time in June this
year, notwithstanding the decision of this Court in Medical Council of
India Vs. JSS Medical College and Another [(2012) 5 SCC 628), the
students may be allowed to complete their course and obtain a degree in
case they successfully complete the course. This order is being passed
only on peculiar facts of this case.
D
(ii) Since the College has also not complied with the orders passed
by this Court in the above cited case and has permitted the students to
continue their studies, to send a message to the College and other medical
colleges, we are of the view that it would be appropriate if the JSS
Medical College is directed to deposit an amount of Rs.5,00,00,000/-
E (Rupees five crores only) in the Registry of this Court within four weeks
from today. We order accordingly and observe that the conduct of the
JSS Medical College is most unfortunate. The amount ofRs.5,00,00,000/
-(Rupees five crores only) so deposited towards costs shalt not be
recovered in any manner from any student or adjusted against the fees
or provision of facilities for students of subsequent batches.
F
(iii) Again, to send a strong message to the JSS Medical College
and other medical colleges, we direct that for the next academic year,
i.e., 2016-17, the JSS Medical College shall be permitted to admit only
150 students as against the sanctioned strength of200.
G With the above directions, the appeal stands disposed of.
Pending application, if any, also stands disposed of.
Devika Gujral i'rppeal disposed of.
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