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B. R. GAVAI, K. V. VISWANATHAN
Ramkrishna Medical College Hospital & Research Centre – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT
1. Leave granted.
2. These cases highlight the complications that may arise if adequate caution and circumspection are not exercised, while passing interim orders in judicial proceedings. The two appellants are colleges to whom the Director, Medical Education (hereinafter referred to as the ‘Director’) issued orders dated 26.09.2023 directing them to keep one MBBS seat vacant in the appellant- colleges with a direction that the said seat will not be included in the College Level Counseling (CLC) Round for the academic year 2023-24. The direction was issued pursuant to the interim order dated 22.09.2023 passed by the High Court in Writ Petitions filed by the respondent students.
3. In the first matter, the Writ Petition was dismissed on 04.03.2024 denying the relief to the Writ Petitioner-student (R-5 herein). In the second matter also, the Writ Petition was dismissed on 22.12.2023 denying the relief to the student-writ petitioner (R- 4 herein). The appellant-colleges have been caught in the crossfire and their attempt to intervene having failed in the High Court, they are before us seeking a compensatory seat in the subsequent academic year. Their case is that because the sea
The court emphasized the necessity of caution in issuing interim orders affecting medical seat allocations, affirming the principle of restitution for parties adversely affected by such orders.
Interim orders allowing increases in medical college seats without proper approval are impermissible and jeopardize students' futures.
Provisional admissions in medical colleges must adhere strictly to established counseling protocols to safeguard merit in the admission process.
Admission into Postgraduate Course in Dental Sciences – Undue sympathy would lead to perpetuating illegality and giving premium to students who got admissions illegally.
Court reaffirmed the necessity of timely processing applications for educational seat enhancements, emphasizing adherence to statutory timelines under the National Medical Commission Act.
The court held that expert regulatory bodies' assessments of medical institutions' deficiencies are not to be overridden by the judiciary unless significant jurisdictional errors are proven.
The Court emphasized that minimal deficiencies should not negate renewals for educational institutions, ensuring student admissions are preserved in public interest.
Unfilled NRI seats go to general pool.
The court emphasized the application of Rule 12 (8) (ka) of the M.P. Medical Education (Admission) Rules, 2018, which governs the inclusion of vacant seats in subsequent rounds of counselling.
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