High CourtDivision BenchAppeal disposed of

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

Case / Petition Number:Civil Appeal No. 195 of 2016
Neutral Citation:[2016] 1 S.C.R. 509

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Madan B. Lokur
  • R.K. Agrawal
Judgment Date
2016-01-12
Court Decision / Holding
The Civil Appeal is disposed of with directions: JSS Medical College is to deposit Rs. 5 crores in the Registry within four weeks as costs for non-compliance; for the next academic year (2016-17) the college shall admit only 150 students as against the sanctioned strength of 200; students who have completed four years of MBBS may complete their degree if they successfully complete the course; the deposit will not be recovered from any student or adjusted against fees or facilities for future batches; pending applications, if any, are disposed of.
Final Disposition
Appeal disposed of

Parties to the Case

Appellants / Petitioners

  • Medical Council of India

Respondents

  • JSS Medical College and Anr.

Legal Representation & Advocates

Counsels for Petitioners

  • • Vikas Singh
  • • Gaurav Sharma
  • • Prateek Bhatia
  • • Dhawal Mohan

Counsels for Respondents

  • • 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
  • • S Knit & Co.

Case Synopsis & Summary

Medical Council of India v. JSS Medical College & Anr. is a Civil Appeal before the Supreme Court arising from a challenge to admissions and compliance with directions in the 2012 judgment MCI v. JSS Medical College (5 SCC 628). The Karnataka High Court had directed the college to adhere to registration and seat norms but allowed continuing studies to certain students, leading to the present appeal. After hearing counsel and interveners, the Supreme Court held that the interests of the students and regulatory objectives warrant a measured response. It directed JSS Medical College to deposit Rs. 5 crores in the Supreme Court Registry within four weeks as costs for non-compliance. The deposit would not be recovered from students or adjusted against future batch fees or outputs. To send a firm message to JSS and other medical colleges, the Court also restricted the next academic year's intake to 150 students out of the sanctioned 200 seats. The Court stated that the students who had already completed four years of MBBS could complete the degree if they successfully finish the course, despite the earlier precedent, and this order is made on peculiar facts of the case. Thus, the decision balances student interests with regulatory enforcement and signals that non-compliance with Supreme Court directions will be met with stern costs and restricted intake, while ensuring continuity of education for those near completion. The appeal and any pending applications were disposed of.

Submissions & Arguments

Contentions of Appellants / Petitioners

Not stated in provided text.

Contentions of Respondents

Not stated in provided text.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Medical Council of India v. JSS Medical College and Another2012 (1) SCR 136; (2012) 5 SCC 628OverruledThe current judgment expressly states 'notwithstanding the decision of this Court in MCI v. JSS Medical College (2012) 5 SCC 628,' indicating that the previous precedent is not followed in the present case and is effectively overruled in this particular context.

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Extracted Judgment Text

Exact text extracted from official judgment records.

• ## [2016] 1 S.C.R. 509 ## MEDICAL COUNCIL OF INDIA A v. JSS MEDICAL COLLEGE & ANR. (Civil Appeal No. 195of2016) ## JANUARY 12, 2016 B ## [MADAN B: LOKUR AND R.K. AGRAWAL, JJ.] _Educatio11/Educatio11al I11stitutio11s: Admission_ - _Respondent college did not comply with the directions passed in Supreme Courts judgment in MCI vs. JSS Medical College_ (2012) 5 SCC 628 _and rather permitted the students to continue their studies_ - _The conduct of respondent college is most unfortunate_ - _In order to send message to the respondent college and other medical colleges, respondent college is directed to deposit an amount of Rs. 5 crores in the registry of the Supreme Court_ - _The amount so deposited towards costs shall not be recovered in any manner from any student or adjusted against the fees or provision of facilities for students of subsequent batches_ - _Further to send strong message to respondent college and other medical colleges, respondent college is permitted to admit only 150 students as against the sa11ctio11ed strength of 200 for the next academic year_ - _Appeal disposed of_ c D E _Medical Council of India vs. JSS Medical College and Another_ 2012 (1) SCR 136 : (2012) 5 SCC 628 - referred to. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 195 of2016 F 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. G 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. H 509 510 [2016) I S.C.R. SUPREME COURT REPORTS A 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). B 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 c 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. D (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/E (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. F (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. G With the above directions, the appeal stands disposed of. Pending application, if any, also stands disposed of. Devika Gujral i'rppeal disposed of.