Courts Should Not Order Provisional Admissions To Medical Colleges Unless Cast-Iron Case Made Out: Kerala High Court

The Kerala High Court has held that interim orders permitting provisional admissions to medical courses cannot be granted as a matter of course, even in writ petitions filed under Article 226 of the Constitution.The Division Bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. observed: “In a writ petition filed under Article 226 of the Constitution, an interim order permitting provisional admission to medical or dental courses should not be granted as a matter of course merely because the writ petition is admitted. Such relief may be granted only if the Court is fully satisfied that the petitioner has a cast-iron case bound to succeed, or if the error is so manifest and apparent that no other conclusion is possible.”The bench made the observation while setting aside an interim order of a Single Judge in a writ petition that had allowed V.N. Public Health and Educational Trust, managing the Palakkad Institute of Medical Sciences, to admit a second batch of 150 MBBS students for the academic year 2025–26.The single Judge issued an interim order directing the Under Graduate Medical Education Board and National Medical Commission to permit the petitioner-trust to admit the second batch of 150 MBBS students. Aggrieved by the said order, the respondents filed an appeal.The Division Bench considered whether a High Court exercising jurisdiction under Article 226 can grant an interim order that virtually allows the final relief, particularly in the context of student admissions in medical institutions where regulatory approvals are conditional.It was contended that the Single Judge erred in granting interim relief since the deficiencies pointed out in Palakkad Institute of Medical Science are fundamental and crucial in nature, and cannot be ignored in the interest of medical education and student community. The Court found that the Single Judge erred in assuming that deficiencies were belatedly communicated and that the college was entitled to time to transition to the new standards.Citing precedents including Dental Council of India v. Dr. Hedgewar Smruti Rugna Seva Mandal [(2017) 13 SCC 115], Manohar Lal Sharma v. Medical Council of India [(2013) 10 SCC 60], and Assistant Collector of Central Excise v. Dunlop India Ltd. [(1985) 1 SCC 260], the Bench reiterated that courts must exercise extreme caution before issuing interim directions that could disrupt the regulatory framework governing medical education.“Unless the institution can provide complete and comprehensive facilities for the training of each candidate admitted in various disciplines, medical education will be incomplete, and Universities would be turning out doctors who are not fully qualified, which would adversely affect the health of the general public.” the Court emphasized. The Court thus allowed the writ appeal and set aside the interim order issued by the Single Judge. Case Title: Under Graduate Medical Education Board and Anr v V N Public Health And Educational Trust and Ors.Case No: WA 2236/ 2025Citation: 2025 LiveLaw (Ker) 636Counsel for Appellant: A R L Sundaresan (Addl. Solicitor General of India), K S Prenjith KumarCounsel for Respondent: Vinot Bhatt, P Sreekumar (Sr.), S GaneshClick Here To Read/ Download Judgment

Courts Should Not Order Provisional Admissions To Medical Colleges Unless Cast-Iron Case Made Out: Kerala High Court

Anamika MJ

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