Breaking; ‘There is something rotten in the State of Medical Colleges’ SC imposes 5 Cr Cost on KIMS for playing with future of students [Read Judgment]

Quality in medical education is equally important, if not more, than quantity, the Bench remarked.The Supreme Court, coming down heavily on Kalinga Institute of Medical Sciences (KIMS) for venturing adventurist litigation and playing with future of students, has directed the Medical council of India to restrain it from increasing the intake of students from 100 students to 150 students for thecourse for the academic year 2016-17 and 2017-2018.The Apex Court bench comprising of Justices Madan B. Lokur and N.V. Ramana has also imposed costs of Rs. 5 crores are imposed on KIMS for playing with the future of its students and the mess that it has created for them. The Court also observed that the High Court should have been more circumspect in passing interim orders directing the admission of students.The Court has also directed the MCI and Central Government to prepare a Standard Operating Procedure for conducting an inspection as required by the Medical Council of India Establishment of Medical College Regulations, 1999.‘ADVENTURIST LITIGATION BY KIMS’The chronological events which lead to this judgment by Apex Court is as follows.2014-2015- KIMS granted permission to admit 100+50 studentsJanuary 2015 –In Inspection carried out by MCI in KIMS, it finds serious deficiencies. MCI recommends Central Government todeny permission to KIMS toadd 50 additional seats for the MBBS for the academic year2015-16June2015 - Central Govt directs KIMS NOT to admit any students in thesecond batch of MBBS course against the increased intakefrom 100 to 150 seats for the academic year 2015-16.September, 2015 – KIMS challenges before the High Court, the decision of CentralGovernmentnot to renew the permission. The High Court directs Central Government to grant provisional permission toKIMS to conduct the course for the additional 50 studentsin the academic year 2015-16.Pursuant to this order, Central Government grants provisional permission to KIMS to conduct the MBBS coursefor the second batch against the increased intake from 100to 150 MBBS seats for the academic year 2015-16 subjectto certain condition that it would make it clear to the students who areadmitted that their admission is subject to the result of thewrit petition. KIMSadmits 50 students to the MBBS course for the academicyear 2015-16October 2015: KIMS files SLP in Apex Court which was allowed and Status Quo was orderedNovember 2015:SCdirects the High Courtto hear the pendingwrit petition expeditiously.December 2015 :HC directs MCIto constitute a fresh InspectionTeam to inspect KIMS and to check up the purportedcompliance claimed by KIMS of the deficiencies pointed outin the earlier inspectionJanuary, 2016: In fresh inspection carried out pursuant to HC order, Inspection Team onceagain found a very large number of deficiencies in thefacilities available at KIMS.March 2016:HC directs the MCI to grantnecessary permission to theinstitution to continue with the education of its students admitted prior to September 2015 within the revised enhanced intake i.e. 100 to 150, observing that no deficiency as alleged exists in the present circumstances.The Apex Court made the following observations disposing of the appeal filed before it by Medical Council of India.HC SHOULD HAVE BEEN MORE CAUTIOUS WHILE DIRECTING ADMISSION OF STUDENTSThe Apex Court observed that High Court ought to have been more circumspect in directing the admission of students by its order directing Central Government to grant provisional permission to KIMS to conduct the course for the additional 50 students in the academic year 2015-16.The Court observed as follows“There was no need for the High Court to rush into an area that the MCI feared to tread.Granting admission to students in an educational institution when there is aserious doubt whether admission should at all be granted is not a matter to be taken lightly. First of all the career of a student is involved – what would a student do if his admission is found to be illegal or is quashed? Is it not a huge waste of time for him or her? Is it enough to say that the student will not claim any equity in his or her favour? Is it enough for student to be told that his or her admission is subject to the outcome of a pending litigation? These are all questions that arise and for which there is no easy answer. Generally speaking, it is better to err on the side of caution and deny admission to a student rather than have the sword of Damocles hanging over him or her. There would at least be some certainty.”‘THERE IS SOMETHING ROTTEN IN THE STATE OF MEDICAL COLLEGES’The Judgment begins by expressing concern about state of medical colleges. The court observesUndoubtedly, there is something rotten in the state of medical colleges. Unless the concerned Ministries in the Government of India take a far more proactive role in ensuring that medical colleges have all the necessary facilities, clinical materials, teaching faculty, staff, accommodation etc. the health of ...

Breaking; ‘There is something rotten in the State of Medical Colleges’ SC imposes 5 Cr Cost on KIMS for playing with future of students [Read Judgment]

Ashok KM

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