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Medical College Cannot Enforce for PG Course:
In a significant ruling that underscores the obligations of medical institutions towards students, the has held that a signed for admission to a postgraduate course that is not recognized by the (MCI) is unenforceable. Justice Ananda Sen, presiding over a single bench, quashed the ₹30 lakh that Dr. Mahesh Kumar was forced to execute upon joining (MGM College), Jamshedpur, and directed the college to refund ₹39,94,645 along with ₹7 lakh .
A Meritorious Doctor's Ordeal
Dr. Mahesh Kumar, an MBBS graduate from , Allahabad, secured a seat in the Diploma in Medical Radio Diagnosis (DMRD-Radiology) course at MGM College through the NEET-PG counselling. However, soon after joining in , he discovered that the course lacked proper faculty—with only a single Assistant Professor in the Radiology department—and basic equipment like a functioning CT scan and any MRI machine. More critically, the course itself was not recognized by the MCI.
After wasting two years, Dr. Kumar cleared the INI CET and later the NEET-PG with an All India Rank of 270, securing admission at , Lucknow. But his original certificates were withheld by MGM College unless he paid ₹30 lakh under the and refunded the stipend he had received.
at the Heart of Admission
The court minced no words in calling out the college's conduct. It observed that the admission was
"based on foundations of
,"
rendering the
void. Justice Sen quoted the classic
test from
:
"
is proved when it is shown that a
has been made knowingly, without belief in its truth, or recklessly."
The judgment noted that the college's own counter-affidavit admitted the course was "
," and that the petitioner was "verbally shared" this detail. But the court held this immaterial:
"A course which is not recognised by the MCI should not be offered and no student should be admitted in the said course."
The college could not hide behind the student's purported knowledge when it had no legal right to admit him in the first place.
Lack of Basic Infrastructure Revealed
The court was particularly scathing about the infrastructure deficiencies. The college admitted that there was only one Assistant Professor in Radiology, a CT scan machine that had been non-functional since , and no MRI machine at all. Justice Sen remarked:
"It is really surprising that a college offering a Postgraduate Diploma Course in Radiology does not possess a MRI Machine which is a bare minimum requirement and the CT Scan Machine which is available, is also not functional."
This , the court held, amounted to on the student. It further criticized the MCI for failing to take appropriate steps against the college, observing:
"It can be said that the
is also shutting their eyes and shirking their responsibility."
Award and Directions
Allowing the , the court ordered: - Refund of ₹39,94,645 (the amount and stipend deposited by the petitioner under ). - of ₹7,00,000 for and loss of career time. - Release of the petitioner from all liabilities under the .
The college must comply within three weeks, failing which the will deduct the amount from the college's allocation and pay the petitioner.
Key Judicial Pronouncements
The judgment reinforces that admission to an unrecognized course is a , and any extracted in such circumstances is . The court's reliance on and establishes that —like non-recognition and lack of infrastructure—constitutes . This decision serves as a warning to medical colleges and counselling bodies to ensure only recognized courses are offered and advertised.
