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Kempegowda Institute of Medical Sciences v. Medical Council of India

Writ Petition (Civil) · 2017 INSC 970Decided 21 Sept 2017
Writ Petition (Civil) No. 840 of 2017
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

The petitioner medical college sought to increase its MBBS intake from 120 to 150 seats for the 2017-18 academic year. After an inspection flagged deficiencies, the Medical Council of India's Executive Committee decided not to recommend the increase to the Central Government and instead asked the college to rectify the deficiencies within a month. The college then filed this writ petition (and a related interlocutory application) asking the Supreme Court to direct MCI to recommend the increased intake for 2017-18, or alternatively to let the Oversight Committee decide the matter within a set time.

Decision Breakdown

The Court declined to grant the immediate relief sought, noting that no final decision had yet been taken on the proposal and that the 2017-18 admission process had already concluded by the time of the hearing, making an order to admit 150 students for that year moot. Instead, relying on its own recent ruling in Royal Medical Trust vs. Union of India, the Court directed that the college's pending application be treated as made for the 2018-19 academic year, ordered MCI to conduct a fresh inspection within three months, required MCI to point out any deficiencies and give the college a chance to fix them, and directed that the Central Government take a final decision thereafter with a proper hearing. The writ petition and the interlocutory application were disposed of in these terms: fully resolving the specific relief sought, albeit by redirecting it to the next academic cycle rather than granting it for 2017-18.

Lesson Learnt

When a regulatory approval process (such as for medical college seat increases) has not been completed by the time a court can intervene, and the relevant academic year has already passed, courts will typically redirect the process to the next cycle with clear procedural directions and a firm timeline, rather than attempt to retroactively force an outcome for a deadline that has already lapsed.

Official source (sci.gov.in)View Judgment (PDF)

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