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Education LawSupreme Court of India

Medical Council of India v. Christian Medical College Vellore & Ors.

Review Petition (Civil) · Neutral citation not assigned (Review Petition (Civil) Nos. 2159-2268 of 2013, along with Review Petition (C) Nos. 2048-2157 of 2013 and R.P.(C) No. 1956 of 2013, in Transferred Case (C) Nos. 98-105, 107-108, 110-139, 142, 144-145 of 2012 & connected matters of 2013)Decided 11 Apr 2016
Review Petition (Civil) Nos. 2159-2268 of 2013, along with Review Petition (C) Nos. 2048-2157 of 2013 and R.P.(C) No. 1956 of 2013, in Transferred Case (C) Nos. 98-105, 107-108, 110-139, 142, 144-145 of 2012 & connected matters of 2013
Justice Anil R. Dave · Justice A.K. Sikri · Justice R.K. Agrawal · Justice Adarsh Kumar Goel · Justice R. Banumathi

Background

These review petitions sought reconsideration of the Supreme Court's 18 July 2013 judgment in Christian Medical College Vellore v. Union of India (2014) 2 SCC 305, which had invalidated the common NEET examination for admission to medical and dental courses. The review petitions were initially placed before a three-Judge Bench, but since a related appeal (Civil Appeal No. 4060 of 2009) involving the same issue had been referred to a five-Judge Bench, these review petitions were also transferred to be heard by the five-Judge Bench.

Decision Breakdown

The Bench heard extensive arguments on the scope of review and considered precedents on when a review is permissible, including Kamlesh Verma v. Mayawati and Sheonandan Paswan v. State of Bihar. Without going into detailed reasons at that stage (so as not to prejudice the rehearing of the underlying matter), the Court concluded that the 2013 judgment needed reconsideration, noting that the earlier majority view had not considered certain binding precedents and that there had been no discussion among the Bench members before that judgment was pronounced. It accordingly allowed the review petitions, recalled the 18 July 2013 judgment, and directed that the underlying matters be heard afresh.

Lesson Learnt

Even a judgment of the Supreme Court itself can be recalled through a review petition if it is later found that the earlier Bench overlooked binding precedent or did not deliberate collectively before delivering its verdict, but a review order recalling a judgment is deliberately kept brief on reasoning, precisely so it does not prejudge the fresh hearing that follows.

Medical Council of India v. Christian Medical College Vellore & Ors. – Legal Case Shots | LegalAware