Full Judgment Text
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.195 OF 2016
(Arising out of SLP(C) No.9228 of 2012)
MEDICAL COUNCIL OF INDIA APPELLANT(s)
VERSUS
JSS MEDICAL COLLEGE & ANR. RESPONDENT(s)
O R D E R
Leave granted.
We have heard learned counsel for the parties as well
as learned counsel for the students (interveners).
After hearing all the parties, we are of the opinion
that in the interest of the students as well as the
Medical Council of India and also to send a message
JUDGMENT
across to the JSS Medical College and other medical
colleges, the following directions are passed:
(i) Since the students have completed 4½ years of
their MBBS Course and are likely to complete their course
some time in June this year, notwithstanding the decision
of this Court in Medical Council of India Vs. JSS Medical
College and Another [(2012) 5 SCC 628], the students may
be allowed to complete their course and obtain a degree
in case they successfully complete the course. This
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order is being passed only on peculiar facts of this
case.
(ii) Since the College has also not complied with the
orders passed by this Court in the above cited case and
has permitted the students to continue their studies, to
send a message to the College and other medical colleges,
we are of the view that it would be appropriate if the
JSS Medical College is directed to deposit an amount of
Rs.5,00,00,000/-(Rupees five crores only) in the Registry
of this Court within four weeks from today. We order
accordingly and observe that the conduct of the JSS
Medical College is most unfortunate. The amount of
Rs.5,00,00,000/-(Rupees five crores only) so deposited
towards costs shall not be recovered in any manner from
any student or adjusted against the fees or provision of
facilities for students of subsequent batches.
JUDGMENT
(iii) Again, to send a strong message to the JSS
Medical College and other medical colleges, we direct
that for the next academic year, i.e., 2016-17, the JSS
Medical College shall be permitted to admit only 150
students as against the sanctioned strength of 200.
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With the above directions, the appeal stands disposed
of.
Pending application, if any, also stands disposed of.
.............................J.
(MADAN B. LOKUR)
.............................J.
(R.K. AGRAWAL)
NEW DELHI
JANUARY 12, 2016
JUDGMENT
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