Not a Model Litigant: SC Slaps Rs 10 lakh fine on NMC in medical college approval matter

New Delhi: Criticising the National Medical Commission (NMC) for raising a challenge to grant of approval for the expansion of a medical college, the Supreme Court recently slapped a cost of Rs 10 lakh on the Commission.

Opining that NMC should act in a reasonable manner, the Apex Court bench comprising Justices BR Gavai and KV Viswanathan observed, "Prima facie, we find that the attitude of the NMC is not of a model litigant. The NMC is an organ of the State and is expected to act in a fair and reasonable manner."

NMC approached the Apex Court bench challenging the Kerala High Court order granting permission to KMCT Medical College if the college submitted an undertaking.

Perusing the material on record, the Court noted that the Medical Assessment and Rating Board (MARB) of NMC had initially been granted approval for increase of MBBS seats from 150 to 250 for the academic year 2023-2024. However, the permission was withdrawn later by a letter dated 05.04.2023.

Later, NMC issued a letter of disapproval to the college on 29.06.2024 citing two reasons- non submission of the COA and the matter was sub judice.

However, while considering the matter, the Supreme Court bench noted, "We find that merely because the matter is sub judice in Court could not have been the ground of disapproval of the proposal. If the National Medical Council (for short “NMC”) had any doubts, it could have clearly approached the Court concerned and sought clarification."

Further, the Apex Court noted that as per the order of the HC that was challenged by NMC, a consent of affiliation (COA) had admittedly been granted in favour of the medical college on 12.08.2024.

The Counsel for NMC, Shri Gaurav Sharma submitted that the grant of permission had to be considered annually. He also submitted that earlier disapproval was for the academic year 2023-2024, whereas currently NMC is concerned with the academic year 2024-2025.

He also submitted that so far there was no inspection for the academic year 2024-2025 and therefore, he argued that the High Court was not justified in passing the order which was challenged before the Supreme Court.

Criticizing the Apex Medical Commission, the Supreme Court noted that NMC is expected to act in a fair and reasonable manner. "Making a party run from Court to Court to seek permission, specifically when the institute concerned is not a new institute and has been running for the last 18 years, in our view, is only an attempt to harass the institution. Particularly, when the approval granted earlier for the academic year 2023-2024 was withdrawn, no deficiency, except non-grant of COA, was pointed out," it further noted.

Imposing Rs 10 lakh cost on NMC, the Supreme Court bench ordered, "We are, therefore, of the view that the present special leave petitions are an abuse of the process of law and, therefore, dismissed with cost quantified at Rs.10,00,000/- to be paid within four weeks from the date of this order. The cost of Rs.5,00,000/- shall be deposited in the Supreme Court Advocates-on-Record Association to be used for the purpose of Library and the cost of Rs.5,00,000/- shall be deposited with the Supreme Court Bar Association Advocates Welfare Fund."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-rs-10-l-cost-on-nmc-252092.pdf

Also Read: HC Slams NMC for Inspection of BK Shah Medical College During Admissions