Judgment Intelligence
Other- Court
- Rajasthan High Court
- Date of Decision
- 11 December 2024
- Bench
- Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman
- Relevant Acts & Sections
- National Medical Commission Act, 2019 — Section 28(3); Constitution of India — Article 226
Appeal disposed of. The interim order of 16.10.2024 ought not to have been granted, but it was not set aside because 50 students had joined. The parties must complete pleadings within 10 days, and the Single Judge was requested to decide the petition within one month thereafter (paras 30-33).
Key holdings
- A strong prima facie case does not justify raising medical college seats by interim order (paras 8, 28, 30).
- Admission at the college’s risk or subject to the result does not save such an order (paras 19, 22).
- A college that finally succeeds can get seats for the next year and compensation (para 26).
- Permissions wrongly granted to other colleges create no right to the same relief (para 27).
- Students already admitted were not ousted; the petition is to be decided within a month after pleadings close (paras 31-32).
Brief Facts
Court's Findings
Legal Principle
Precedents Relied Upon
- Medical Council of India v. Rajiv Gandhi University of Health Sciences & Others (2004) 6 SCC 76
Interim orders should not be granted as a matter of course where standards of institutions and statutory permission are involved; the High Court ought not to direct admissions in institutions that have not received permission.
- Faiza Choudhary v. State of Jammu and Kashmir and Another (2012) 10 SCC 149
An MBBS seat that fell vacant could not be carried forward; seats cannot be increased by an order of the Supreme Court or the High Court.
- Medical Council of India v. JSS Medical College & Another (2012) 5 SCC 628
In normal circumstances the High Court should not grant permission for an increase of seats by interim order, which has a cascading effect on admitted students; the case should instead be decided on merits expeditiously.
View all precedents (17)
- Medical Council of India v. Kalinga Institute of Medical Sciences (KIMS) & Others (2016) 11 SCC 530
Courts should not examine an inspection report as an appellate body, and it is better to err on the side of caution and deny admission than to direct admissions by interim order.
- Dental Council of India v. Dr. Hedgewar Smruti Rugna Seva Mandal Hingoli and Others (2017) 13 SCC 115
Staying a disapproval by interim order amounts to granting permission to admit students; conditions that admissions are at the college’s risk do not justify such an order.
- Medical Council of India v. N.C. Medical College and Hospital and Others (2019) 17 SCC 655
Provisional admissions made subject to the result of pending litigation are no sufficient insulation; a very cautious approach is needed before granting interim relief.
- S. Krishna Sradha v. State of Andhra Pradesh & Others (2020) 17 SCC 465
Cited by the appellants; listed by the Bench among decisions on the limited scope of interference with expert decisions on deficiencies.
- Medical Council of India v. Chairman, S.R. Educational and Charitable Trust & Another (2020) 17 SCC 717
Seats cannot be increased by a court order; if the challenge finally succeeds, restitutionary relief and compensation can be granted.
- Fuljit Kaur v. State of Punjab & Others (2010) 11 SCC 455
A benefit granted to others inadvertently, by mistake or by an illegal order confers no legal right on similarly placed persons to the same relief.
- State of Uttar Pradesh and Others v. Sandeep Kumar Balmiki & Others (2009) 17 SCC 555
Cited by the appellants against the interim order.
- National Medical Commission & Others v. Tirupati Balaji Educational Trust & Others D.B. Special Appeal (Writ) No. 1032/2024, decided on 05.11.2024 (Rajasthan High Court)
Cited by the appellants against the interim order.
- Indian Mission of Medical Sciences Society & Another v. Union of India and Others S.B. Civil Writ Petition No. 15646/2024, decided on 05.11.2024 (Rajasthan High Court)
Cited by the appellants against the interim order.
- Vels Medical College & Hospital Under Vels Institute of Science, Technology & Advanced Studies (VISTAS) v. Union of India & Others W.P. No. 22750/2022 & connected matters, decided on 28.03.2024 (Madras High Court)
Cited by the appellants against the interim order.
- Viacom 18 Media Private Limited and Others v. Union of India and Others (2018) 1 SCC 761
Cited for the college; held, with its other authorities, to be on merits or on frustration of the petition and no basis for an interim increase of medical seats.
- Deoraj v. State of Maharashtra and Others (2004) 4 SCC 697
Cited for the college; held, with its other authorities, to be on merits or on frustration of the petition and no basis for an interim increase of medical seats.
- Rajiv Memorial Academic Welfare Society and Another v. Union of India and Another (2016) 11 SCC 522
Cited for the college; held, with its other authorities, to be on merits or on frustration of the petition and no basis for an interim increase of medical seats.
- Board of Governors in Supersession of Medical Council of India v. Tirupati Balaji Educational Trust & Others Special Leave to Appeal (C) No. 10216/2020, decided on 14.09.2020 (Supreme Court)
Where students had already gone through counselling under a High Court interim order, the Supreme Court declined to interfere but directed an early final hearing, with no equity for the students if the petition failed.
