On Wednesday, September 11, the Supreme Court dismissed petitions filed by the National Medical Commission (NMC) and others challenging a Kerala High Court order concerning a medical college’s seat expansion request. The court also imposed a cost of Rs 10 lakh on the petitioners, to be paid within four weeks.
The case centered on the NMC’s approval and subsequent withdrawal of permission for the medical college to increase its seats from 150 to 250 for the 2023-24 academic year. A bench of Justices BR Gavai and KV Viswanathan scrutinized the matter, and in its ruling, criticized the NMC’s approach as not being that of a "model litigant." The court emphasized that the NMC, as a state organ, was expected to act fairly and reasonably.
The Supreme Court's order, issued on September 9, labelled the special leave petitions as an abuse of the legal process. The court also noted that while the Medical Assessment and Rating Board (MARB) initially approved the seat increase on February 27, 2023, it reversed the decision on April 5, 2023. The Kerala High Court had previously directed the NMC to approve the college upon receiving an undertaking.
In its judgment, the Supreme Court condemned the repeated legal battles faced by the institution, which has been operational for 18 years, stating that the actions of the NMC amounted to harassment. The court's decision highlights the ongoing issues related to regulatory approvals and institutional compliance in the medical education sector.
