The Supreme Court of India has dismissed the National Medical Commission’s (NMC) pleas challenging a Kerala High Court order regarding the withdrawal of seat increase approval for a medical college. The court has imposed a cost of Rs 10 lakh on the NMC for pursuing what it deemed an abusive process of law.
Case Background:
- Issue: The Kerala High Court had ordered the medical college to file an undertaking to secure permission for increasing its seats from 150 to 250 for the academic year 2023-24. The NMC had initially granted this approval but later withdrew it.
- Supreme Court’s Decision: On September 9, 2024, Justices B R Gavai and K V Viswanathan criticized the NMC for its conduct and its attempt to harass the institution by making it repeatedly seek permission through legal means.
Key Observations:
- Unfair Conduct: The Supreme Court found the NMC’s actions to be unfair and unreasonable, stating that the NMC should act as a model litigant.
- Harassment: The court observed that the NMC’s approach of making the institution run from court to court was an attempt to harass, especially since the institute had been operational for 18 years.
- Previous Approvals: The court noted that the medical college had initially received approval for the seat increase and that the later disapproval lacked justification beyond the pending consent of affiliation (COA).
Order and Costs:
- Dismissal with Costs: The Supreme Court dismissed the NMC’s special leave petitions and ordered the payment of Rs 10 lakh as costs.
- Cost Distribution: Rs 5 lakh is to be deposited with the Supreme Court Advocates-on-Record Association for library purposes, and the remaining Rs 5 lakh with the Supreme Court Bar Association Advocates Welfare Fund.
The court emphasized that any doubts the NMC had could have been clarified through the appropriate legal channels rather than withdrawing the approval arbitrarily.
