New Delhi,Sept, 12
Noting that the National Medical Commission (NMC) is expected to act in a fair and reasonable manner, the Supreme Court has rejected its pleas with costs of Rs 10 lakh for disapproving a proposal for increase of seats from 150 to 250 of an 18-year-old medical college in Kerala for academic year 2023-24.
“Prima facie, we find that the attitude of the NMC is not of a model litigant. The NMC is an organ of the State and is expected to act in a fair and reasonable manner… We are, therefore, of the view that the present special leave petitions are an abuse of the process of law and, therefore, dismissed with cost quantified at Rs 10,00,000 to be paid within four weeks from the date of this order,” a Bench of Justice BR Gavai and Justice K V Viswanathan said. “Making a party run from court to court to seek permission, specifically when the institute concerned is not a new institute and has been running for the last 18 years, in our view, is only an attempt to harass the institution. Particularly, when the approval granted earlier for the academic year 2023-2024 was withdrawn, no deficiency, except non-grant of COA (consent of affiliation), was pointed out,” the Bench said in its September 9 order.
It dismissed the NMC’s petition challenging the high court’s August 13 order which had directed the medical college to file an undertaking, on receipt of which, the NMC was supposed to grant permission to the medical college.
The top court noted that perusal of material placed on record revealed that by a letter dated February 27, 2023, issued by the Medical Assessment and Rating Board (MARB), the medical college had initially been granted approval for increase of seats from 150 to 250 for academic year 2023-24.
”However, by a subsequent letter dated April 5, 2023, issued by the MARB, it was withdrawn,” the Bench, said, adding, the matter being sub-judice could not have been the ground for disapproval of the proposal and if the NMC had any doubts, it could have approached the court concerned and sought clarification.
