HC Slaps Rs 20 Lakh Fine on Pondicherry Institute of Medical Sciences, directs to Surrender 26 MBBS Seats
Madras High Court
Chennai: The Madras High Court bench has slapped a Rs 20 lakh fine on the Pondicherry Institute of Medical Sciences (PIMS) for violation of the erstwhile Medical Council of India's guidelines now National Medical Commission (NMC) while admitting 26 MBBS students during the academic year 2017-2018.
Apart from imposing a fine on the institute, the HC bench comprising Justice M. Dhandapani has also issued directions to the institute to surrender 13 seats during the academic year 2025-2026 and 13 seats during the academic year 2026-2027.
The court has directed the institute to pay Rs 10 lakh to The Spastics Society of TN (SPASTN), CSIR Road, Taramani, Chennai and Rs 10 lakh to Mahesh Memorial Trust C/o. Cancer Institute, Adayar, Chennai, within two weeks from the date of receipt of a copy of the order.
These orders were issued by the Court while considering a plea filed by the Institute against the order of the erstwhile Medical Council of India (MCI) and the consequential orders issued by the Government of Puducherry and Pondicherry University.
The college was directed to discharge 26 students admitted to the MBBS course for the academic year 2017-2018 on the grounds that admissions made by the college were not in terms of the MCI guidelines.
Filing the plea before the HC bench, the petitioner's counsel submitted that the court in its order dated 28.02.2018 granted an order of status quo and further submitted that some of the students were pursuing higher studies and some were working. It was further submitted that since all the students completed their MBBS course, if they are discharged at a later point of time, the knowledge acquired by them may go to waste and would no be of any use for the society.
Meanwhile, the counsel for the erstwhile MCI, now the National Medical Commission (NMC), submitted that the authorities have sent instructions stating that the Commission has decided to exempt the petitioner students from any sort of punishment. However, there shall be an action initiated against the petitioner in accordance with the relevant NMC regulations, and the Commission has decided to impose regulation as prescribed under Maintenance of Standards of Medical Education Regulations, 2023 (MSMER-2023) at Sub-clause (f) of Clause 8 of Chapter III 'penalties' where the college would be barred from admitting students against 26 seats for the subsequent two years.
In response to this, the counsel for the medical college submitted that the institute was ready to surrender 13 seats each for two subsequent years, from the management quota to Government quota and therefore, instead of barring the petitioner from taking admission, the petitioner may be permitted to surrender 13 seats each for two subsequent years.
Responding to this, the counsel for NMC submitted that apart from allowing the petitioner to surrender 26 seats to Government quota, the Court may impose some punishment of compensation payable to any orphanage.
After considering the arguments by both sides, the HC bench observed that the college filed the plea against the order directing the institute to discharge 26 students admitted in the MBBS course for the academic year 2017-2018 on the ground that admission made by the petitioner was not in terms of the MCI guidelines.
Further, the Court observed that it was equally un-disputed fact that during the pendency of the plea, all the 26 students successfully completed their MBBS course and some of the students were pursuing higher studies and some of the students were working.
The Court also perused the instructions given by the medical college and noted, "Perusal of the instructions reveal that NMC has decided to exempt the petitioner's students, however, decided to impose penalty on the petitioner by barring the petitioner from taking admission against 26 seats for subsequent two years. However, the petitioner is ready to surrender 13 seats each for two years [totally 26 seats] for the academic years 2025-26 and 2026-27."
Taking note of this, the Court issued the following directions:
(i)The second respondent is directed to not to take any action against the petitioner students.
(ii)If the 26 students have not been given Course completion certificates, the second respondent is directed to register their Course completion and give Course completion certificates to all the 26 students.
(iii)The petitioner is directed to surrender 13 seats during the academic year 2025-26 and 13 seats during the academic year 2026- 27 [totally 26 seats].
(iv)The petitioner is directed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to The Spastics Society of TN (SPASTN), CSIR Road, Taramani, Chennai – 600 113 and a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to Mahesh Memorial Trust C/o.Cancer Institute, Adayar, Chennai, within a period of two weeks from the date of receipt of a copy of this order.
"With the above directions, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed," noted the court.
To view the HC order, click on the link below:
