Interim orders permitting admissions in medical colleges without compliance with applicable educational standards are impermissible and may be set aside if they effectively grant final relief.

Headnote:(A) National Medical Commission Act, 2019 - Section 22(3) - Maintenance of Standards of Medical Education Regulations, 2023 - Writ appeal challenging interim order in a writ petition to quash the reduction of MBBS seats at a medical institution - Interim order allowing admission of additional students set aside due to non-compliance with essential standards. (Paras 1-4, 10, 32)

(B) Writ Jurisdiction - Interim Relief - An interim order that effectively grants the final relief sought is impermissible; courts are to avoid granting such relief without proper examination of merits and compliance with statutory regulations. (Paras 27, 30, 31)

Facts of the case:
The appellants challenged an interim order allowing the Palakkad Institute of Medical Sciences to admit a second batch of 150 MBBS students despite a reduction to 100 seats based on the National Medical Commission's order citing deficiencies in education standards. The petitioners argued compliance with earlier regulations, while the respondents emphasized adherence to updated standards. The Interim relief saw conflict with statutory norms requiring compliance for seat allocations.

Findings of Court:
The court highlighted that the interim order was essentially granting final relief, which is contrary to judicial standards. Upholding the necessity of compliance with educational regulations, it noted that deficiencies pointed out could not be ignored.

Issues: The court addressed whether the interim order granting permission for additional admissions violated established standards and if the prior directions were applicable for the subsequent academic session.

Ratio Decidendi: The court underscored that interim orders must not contravene statutory compliance and should avoid substituting the comprehensive adjudication of claims with interim relief that confers final benefits to applicants, reaffirming legal expectations for educational standards. It ruled that the original order's issuance without a detailed examination of justifications amounted to error.

Result: Writ appeal allowed, and the interim order set aside.

JUDGMENT

Anil K. Narendran, J.

The appellants, who are respondents 1 and 2 in W.P.(C)No. 32178 of 2025, have filed this writ appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act , 1958, challenging the interim order dated 27.08.2025 of the learned Single Judge in that writ petition.

2. W.P.(C)No.32178 of 2025 is one filed by the petitioners (respondents 1 and 2 herein), namely, V.N. Public Health and Educational Trust and its Managing Trustee, seeking a writ of certiorari to quash Ext.P1 order dated 22.08.2025 of the 2^nd respondent National Medical Commission (1^st appellant herein), in the appeal filed by Palakkad Institute of Medical Sciences, Walayar, under Section 22 (3) of the National Medical Commission Act , 2019, read with Section 9 of the Maintenance of Standards of Medical Education Regulations , 2023, and Ext.P13 order dated 14.07.2025 of the 1^st respondent Under Graduate Medical Education Board (1^st appellant herein), whereby the Board decided to reduce 50 seats in Palakkad Institute of Medical Sciences, and granted conditional renewal of only 100 MBBS seats, for the academic session 2025-26; a declaration that for the institutions granted Letter of Permission under the Establishment of Medical College Regulations, 1999, read with the Minimum Standard Requirements for 150 MBBS Admissions Annual Regulations, 1999, and the Minimum Requirements for Annual MBBS Admissions Regulations, 2020, yearly renewals till the grant of Letter of Recognition is governed by said norms; a writ of mandamus commanding the respondents (1^st and 2^nd appellants and the 3^rd respondent University) to permit the petitioners to admit second batch of 150 MBBS students during the academic session 2025-26; a writ of mandamus commanding the appellants to grant Letter of Permission to the petitioners for 150 MBBS seats during the academic session 2025-26; and a writ of mandamus commanding the 3^rd respondent Kerala University of Health Sciences to grant order of Continuation of Provisional Affiliation for 150 MBBS seats during the academic session 2025-26.

3. The interim relief sought for in W.P.(C)No.32178 of 2025 reads thus;

“For the reasons stated in the accompanying affidavit and in the writ petition, this Hon’ble Court may be pleased to permit the petitioners to admit the second batch of 150 MBBS students during the academic session 2025-26 and further direct the respondents to pass appropriate orders for the purpose thereof, pending disposal of the writ petition (civil).” (underline supplied)

4. On 25.08.2025, when W.P.(C)No.32178 of 2025 came up for admission as ‘today motion’, it was adjourned to 27.08.2025. On 27.08.2025, the petitioners filed I.A.No.1 of 2025 for accepting an affidavit sworn to by the 2^nd petitioner stating additional facts. The learned Single Judge, by the interim order dated 27.08.2025, directed the respondents to permit the petitioners to admit the second batch of 150 MBBS students, during the academic session 2025-26. The 3^rd respondent University is directed to pass appropriate orders for that purpose, as early as possible. The interim order dated 27.08.2025 of the learned Single Judge in W.P.(C)No.32178 of 2025 reads thus;

“The request of the petitioners for renewal of affiliation with enhancement of MBBS seats from 100 to 150 has been declined by the KUHS stating that there are deficiencies. According to the petitioners, there are no deficiencies if assessed under MSR-2020, and the University is finding fault based on MSR-2023.

2. When the petitioners approached the Hon’ble Apex Court with W.P.(C)No.1166 of 2023, the Apex Court passed Ext.P5 order. In Ext.P5, the Apex Court noted the order dated 16.10.2023 in SLP(C)No.22761 of 2023, wherein the Apex Court has observed that the petitioner is waiting in the corridors of justice for a long period and directed the NMC to complete the process well in advance so that the petitioner-institution can admit the students for the next academic year.

3. The

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2025 Supreme(Online)(Ker) 42732

IN THE HIGH COURT OF KERALA AT ERNAKULAMUNDER GRADUATE MEDICAL EDUCATION BOARD – AppellantVersusV.N.PUBLIC HEALTH AND EDUCATIONAL TRUST – RespondentWA 2236/2025

Interim orders permitting admissions in medical colleges without compliance with applicable educational standards are impermissible and may be set aside if they effectively grant final relief.

Cases Referred (4)

IN THE HIGH COURT OF KERALA AT ERNAKULAM
UNDER GRADUATE MEDICAL EDUCATION BOARD – Appellant
Versus
V.N.PUBLIC HEALTH AND EDUCATIONAL TRUST – Respondent
WA 2236/2025