IMPORTANT POINT
Increase medical seats should not be granted as interim relief.

JUDGMENT

Chandramauli Kr. Prasad, J.-Medical Council of India, aggrieved by the interim order dated 24th August, 2011 passed by a Division Bench of the Karnataka High Court in Writ Petition No. 31587 of 2011 whereby it had permitted JSS Medical College, Respondent No. 1 herein, to increase the seats for MBBS Course from 150 to 200 for the academic year 2011-2012, has preferred this special leave petition.

2. Leave granted.

3. In view of the order which we propose to pass in this appeal it is inexpedient to give in detail the facts of the case. Suffice it to say that JSS Medical College, Respondent No. 1 herein (hereinafter referred to as `the College'), is recognized for imparting MBBS education with intake capacity of 150 students. On 27th of November, 2010, the College submitted an application for increase of intake capacity for the MBBS Course from the academic year 2011-2012 from 150 to 250. The Board of Governors, the body to which power has been vested to carry out the functions and duties of the Medical Council of India (hereinafter referred to as `the Board of Governors') appointed assessor by order dated 23rd of February, 2011 to assess the physical and other teaching facilities available for grant of letter of permission for the increase of MBBS seats from 150 to 250 to the College for the academic year 2011-2012.

4. In the light of the aforesaid order the assessor visited the College and made assessment of the physical and other teaching facilities available for grant of letter of permission for increase of MBBS seats from 150 to 250 and submitted its report. The assessment report was considered by the Board of Governors which decided not to issue letter of permission for increase of seats as the infrastructure facilities, clinical material and faculty were inadequate. It also found deficiency in equipments and other deficiencies as pointed out in the assessment report. Accordingly, the Board of Governors by its letter dated 5th of May, 2011 called upon the College to submit its response as to why its proposal for increase of seats be not disapproved and returned. The College by its letter dated 21st May, 2011 submitted its response and claimed that it has adequate infrastructure, clinical material and teaching facilities to meet the teaching and training requirement for the enhanced intake of 250 students and, at the same time, wrote that in the event of the Board of Governors finding that the same are not adequate for granting increase of seats to 250, the request may be considered for enhanced intake from 150 to 200 seats. The compliance report submitted by the College along with assessment reports of the assessor were forwarded by the Board of Governors to the assessor by letter dated 1st of June, 2011 for their perusal and for carrying out the assessment for increase of MBBS seats from 150 to 250. It is relevant here to state that the College by its letter dated 3rd of June, 2011 wrote to the Coordinator of the assessment team "to revise the assessment for increase of MBBS seats from 150 to 200 admissions instead of 250 seats". By the said letter the College claimed that it had infrastructure facilities, clinical materials and teaching facilities including the instruments for 200 admissions for MBBS Course.

5. The claim for increase of seats from 150 to 250 was considered and the Board of Governors decided "to return the applications as disapproved for increase of seats from 150 to 250" for the academic year 2011- 2012 by its letter dated 30th of June, 2011. The College by its letter dated 8th of July, 2011 made request for reconsideration of increase of seats from 150 to 200 inter alia stating that "the team of assessors who visited the College on 3rd of June, 2011 after assessing the seats have not only recommended for continuation of 150 seats but also have recommended for additional 50 seats intake taking into account adequacy of additional facilities, book space, equipment and other facilities". The Bo