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
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