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 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. 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 2015-16.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. HC SHOULD HAVE BEEN MORE CAUTIOUS WHILE DIRECTING ADMISSION OF STUDENTS The 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. As an institution that should have some responsibility towards the welfare of the students, it would have been far more appropriate for KIMS to have refrained from giving admission to 50 additional students rather than being instrumental in jeopardizing their career.” STUDENTS SHOULD NOT SUFFER, BUT KIMS SHOULD NOT GET AWAY SCOT FREE Disposing of the appeal by observing that for the fault of KIMS, the students should not suffer ANDKIMS should not get away scot free, the Court issued following directions The admission granted to the 50 students pursuant to the order of the High Court dated 25th September, 2015 and the provisional permission granted by the Central Government only on 28th September, 2015 shall not be disturbed.