MEDICAL COUNCIL OF INDIA Vs. JSS MEDICAL COLLEGE ANR.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 195 of 2016, Judgment Date: Jan 12, 2016

                                                                  REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO.195 OF 2016
                   (Arising out of SLP(C) No.9228 of 2012)


MEDICAL COUNCIL OF INDIA                                        APPELLANT(s)

                          VERSUS

JSS MEDICAL COLLEGE & ANR.                                     RESPONDENT(s)



                                  O R D E R



      Leave granted.
      We have heard learned counsel for  the  parties  as  well  as  learned
counsel for the students (interveners).
      After hearing all the parties, we are  of  the  opinion  that  in  the
interest of the students as well as the Medical Council of  India  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 4½ years of their MBBS  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.
(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/-(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 of  Rs.5,00,00,000/-(Rupees
five crores only) 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.
(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 of 200.




      With the above directions, the appeal stands disposed of.
      Pending application, if any, also stands disposed of.

                                             .............................J.
                                                            (MADAN B. LOKUR)

                                             .............................J.
                                                              (R.K. AGRAWAL)
NEW DELHI
JANUARY 12, 2016