Supreme Court imposes Rs.10 lakh costs on National Medical Commission over challenge to Medical College’s approval for increase of seats

Supreme Court: In a special leave petition filed against the order passed by the division bench of the Kerala High Court, wherein the Court has directed the KMCT Medical College to file an undertaking as per order dated 09-08-2024, and on receipt of such an undertaking, national Medical Commission was directed to grant permission to the Medical College, division bench of BR Gavai and KV Viswanathan, JJ. viewed that the present special leave petitions are an abuse of the process of law and, therefore, dismissed the same, with cost quantified at Rs.10,00,000/- to be paid within four weeks from the date of this order.

After perusing the material placed on record, the Court noted that by letter dated 27-02-2023 issued by the Medical Assessment & Rating Board (‘MARB’), the Medical College had initially been granted approval for increase of seats from 150 to 250 for the academic year 2023-24. However, by a subsequent letter dated 05-04-2023 issued by the MARB, it was withdrawn.

The Court also noted that in the letter of disapproval dated 29-06-2024, the MARB had granted disapproval to the Medical College, as the consent of affiliation (‘COA’) is not submitted and (ii) the matter is sub judice in the Court.

The Court said that merely because the matter is sub judice in Court could not have been a ground of disapproval of the proposal. If the NMC had any doubts, it could have clearly approached the Court concerned and sought clarification.

Concerning the second ground, after perusing the impugned order, the Court said that COA has admittedly been granted in favor of the Medical College on 12-08-2024.

The Court remarked that “prima facie, 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”.

The Court viewed that 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, 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 Particularly, when the approval granted earlier for the academic year 2023-2024 was withdrawn, no deficiency, except non-grant of COA, was pointed out.

Therefore, the Court viewed that the present special leave petitions are an abuse of the process of law and, therefore, dismissed the same, with cost quantified at Rs.10,00,000/- to be paid within four weeks from the date of this order.

The Court directed that the cost of Rs.5,00,000/-to be deposited in the Supreme Court Advocates-on-Record Association to be used for the purpose of Library and the cost of Rs.5,00,000/- to be deposited with the Supreme Court Bar Association Advocates Welfare Fund.