Medical Council of India v. Jss Medical College & Anr.

Judgment

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 195 of2016 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. 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. [2016) I S.C.R. 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). 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 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. (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/- (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. (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. With the above directions, the appeal stands disposed of. Pending application, if any, also stands disposed of. Devika Gujral i'rppeal disposed of.