NMC Challenges Rajasthan HC Order on MBBS Seat Hike, Supreme Court Issues Notice

The case originated when JIET Medical College applied for an intake of 150 students in response to a public notice. However, after an inspection by the Medical Assessment and Rating Board, deficiencies were found, leading to the disapproval of the college’s establishment. The institution filed an appeal, which was dismissed. In a second appeal, permission was granted for 50 MBBS seats. Unsatisfied with this, the respondent college approached the High Court, where a single judge issued an interim order allowing an increase to 100 seats. The additional admissions took place, prompting the NMC to challenge the order.

In December last year, The Rajasthan High Court division bench, comprising Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman, heard an appeal filed by the Union of India, NMC, and the Medical Assessment and Rating Board against the single judge’s interim order allowing an increase in MBBS seats.

The court raised concerns about the nature of interim orders in medical education, emphasizing that "an interim order in the nature of directing increase in the intake capacity of an educational institution including medical college has been deprecated by the Hon'ble Supreme Court in plethora of decisions."

The division bench further noted that the detailed process required for granting approval to medical colleges and increasing seats must be thoroughly followed. "It is better to err on the side of caution and deny admission to a student rather than have the sword of Damocles hanging over him or her. There would at least be some certainty," the court remarked, underscoring the potential risks of provisional increases in MBBS seats.

Despite acknowledging that the single judge’s order should not have been granted, the High Court refused to interfere at that stage since admissions had already been completed. The bench stated; "The question would be whether at this stage, interim order should be vacated so as to result in ouster of those students, who have already been benefited by full execution of interim order."

The High Court division bench, while recognizing that the interim order should not have been issued, refrained from setting it aside since the admission process had concluded. "However, even though, we have held that interim order should not have been granted, we find that by the time, this appeal came up for hearing even on the first date of hearing, the admission process and the last date of admission was also over. By virtue of interim order, 50 seats were increased and those seats were thrown open for admission through the process of counselling. 50 candidates were allowed admission. They have paid their fees, admitted and joined also and by now they have completed about a month of study," the court noted.

Referring to the Supreme Court’s decision in Board of Governors in Supersession of Medical Council of India Versus Tirupati Balaji Educational Trust & Others, where interference was declined but final hearings were expedited to prevent student uncertainty, the High Court stated;

"In view of the above, even though, we have held that interim order ought not to have been granted, at this stage, we are not inclined to set aside the interim order, but request the learned Single Judge to decide the case. We direct the parties to complete their pleadings within a period of 10 days from today. We request the learned Single Judge to hear the petition expeditiously and decide the same within a period of one month from the date of completion of pleadings."

Also Read: Rajasthan HC Greenlights 100 MBBS Seat Hike at JIET Medical College Despite Voicing Objections

Despite these concerns, the Rajasthan High Court refrained from overturning the interim order, leading the NMC to escalate the matter to the Supreme Court for a decisive intervention.

A bench of Justice Surya Kant and Justice NK Singh in the Supreme Court took up the NMC’s plea against the Rajasthan High Court’s decision. Justice Surya Kant questioned whether any principle of merit had been followed in permitting admissions. The NMC Counsel clarified that "admissions will have to happen through NEET-Counselling only," adding that "the state shall be doing these admissions."

The Supreme Court noted that despite the High Court’s direction to the single bench to decide the case within a month, the matter remained pending. Consequently, the Supreme Court issued notice in the case, with the next hearing scheduled for March 17, reports LiveLaw.

To view the high court order, click on the link below:

https://indiankanoon.org/doc/57026568/