NMC Approaches Supreme Court Against HC's Interim Order Increasing Seats In Private Medical College

The Supreme Court yesterday (February 3) issued notice in a plea by the National Medical Commission against the order of Rajasthan High Court which declined to interfere in the increase of medical seats from 50 to 100 at the JIET Medical College, Jodhpur.

The bench of Justice Surya Kant and Justice NK Singh was hearing the challenge to the Rajasthan High Court order of division bench which refused to interfere in the single judge's interim order allowing increase of MBBS seats in a medical college as the admission process had begun. 

The High Court  division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman was hearing an appeal filed by the Union of India, National Medical Commission and the Medical Assessment And Rating Board, against the interim order of the single judge who had allowed increase of seats in JIET Medical College from 50-100. 

During the hearing Justice Surya Kant asked whether any principle of merit has been followed in allowing the admissions.

To which the Counsel representing the National Medical Commission informed that the admissions will have to happen through NEET-Counselling only. 

"The state shall be doing these admissions" he added. 

The Court noted that despite the direction of the division bench of the High Court directing the single bench to decide the case within one month, the same has been pending. 

The bench issued notice in the matter.  The matter will now be heard on March 17. 

Background 

The High Court Division Bench observed that even though they were of the view that the single judge should not have granted the interim order, however since the admission process in the present case was already over and students had paid fees and joined the college, the bench thereafter refused to interfere with the order.

"However, even though, we have held that interim order should not have been granted, we find that by the time, this appeal came up for hearing even on the first date of hearing, the admission process and the last date of admission was also over. By virtue of interim order, 50 seats were increased and those seats were thrown open for admission through the process of counselling. 50 candidates were allowed admission. They have paid their fees, admitted and joined also and by now they have completed about a month of study. The question would be whether at this stage, interim order should be vacated so as to result in ouster of those students, who have already been benefited by full execution of interim order," the court said.

The bench then referred to a decision of the Supreme Court in Board of Governors in Supersession of Medical Council of India Versus Tirupati Balaji Educational Trust & Others in which interference was declined but it was directed that the final hearing be completed within 3 weeks and the judgment be delivered within another 2 weeks so that the students were not left hanging in uncertainty.

"In view of the above, even though, we have held that interim order ought not to have been granted, at this stage, we are not inclined to set aside the interim order, but request the learned Single Judge to decide the case. We direct the parties to complete their pleadings within a period of 10 days form today. We request the learned Single Judge to here the petition expeditiously and decide the same within a period of one month from the date of completion of pleadings".

In response to a public notice, the respondent college had applied for the establishment of college with an intake of 150 students. A show cause notice was issued to them requiring some compliances. A compliance report was submitted, but when physical inspection took place, the assessor found some deficiencies and the Medical Assessment and Rating Board (“the Board”) disapproved the establishment of the college.

Appeal was filed by the respondents which was dismissed. In the second appeal, permission for 50 intakes was granted. Dissatisfied with the same, the respondents filed a writ petition before the High Court wherein the single judge passed an interim order and allowed increase in the intake to 100. The admissions in relation to these increased 50 seats also took place. Against this appeal was filed.

Case Details : NATIONAL MEDICAL COMMISSION vs. UNION OF INDIA| SLP(C) No. 005259 - / 2025

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