Khushi Gupta
Published on: April 9, 2022 at 12:58 IST
The Supreme Court stayed the Admission of 100 MBBS students till further Orders, taking into consideration inspection Report of the National Medical Commission (NMC) of a college in Maharashtra which had all “Hale and Hearty” children in the Pediatric Ward.
A Bench of Justice DY Chandrachud and Justice Aniruddha Bose, which had earlier likened the College to the movie ‘Munna Bhai MBBS’, said that it had earlier set aside the Order of the Aurangabad Bench of Bombay High Court.
“Prima Facie at this stage it appears that the finding of the High Court with regard to the lack of the authority to issue an order for stoppage of admission does not appear to be correct in view of the Provision of Section 25, 26 (F) of the National Medical Commission Act. We accordingly order and direct that the operative direction contained in paragraph 37 of the Impugned Order of the High Court, permitting the institution to admit 100 MBBS students for the academic year of 2021-22 shall remain stayed, pending further Orders”, the Bench said.
“The Medical College is show caused as to why the recognition which was granted by letter dated July 14, 2021, and the permission to start Post-Graduate Courses should not be withdrawn”, the Bench observed.
The Bench said that the High court has accepted the Inspection Report of the National Medical Commission Panel but allowed the students to continue, which will seriously Prejudice their future down the line.
“We cannot allow this situation to occur. The High Court has accepted the inspection Report. A balance has to be made not in favour of the institution but in favour of the students. This kind of order causes serious Prejudice. We have to protect the interest of the students otherwise six months down the line when the permission is withdrawn, they will be nowhere. High Court has overstepped. In the earlier round, we set aside the Order and sent it back to the High Court and it reaffirmed its own finding”, the bench said.
Senior Advocate Nidesh Gupta, appearing for the Medical College Annasaheb Chudaman Patil Memorial Medical College, Maharashtra said, “Allowing the appeal of the National Medical Commission would seriously jeopardize the interest of the students”.
He added, “This college has been running for the past 30 years and had the same infrastructure but now they have problems with it. The real problem is that now a new trustee has come who had an association with the opposition party”.
The Apex Court had then set aside the Orders of the Aurangabad Bench and asked it to consider afresh.