Is a penalty deposit directed against a medical college recoverable from the students?

No. The amount which has been directed to be deposited by the Medical College by way of penalty shall not be recoverable from the students in any manner, whether for the present year or thereafter.

Constitution of India — Art. 142 — Indian Medical Council Act, 1956 — s. 11 — Medical college admissions made after a stay — Overreach of the process of the Court — Penalty deposit — Constitution of India — Art. 142 — Stay of a High Court order — Admissions made unilaterally — Held: Once this Court stays a High Court order permitting a medical college to admit students, the college cannot unilaterally proceed with the admission process; doing so is plainly in breach of the directions of this Court. (¶11) Constitution of India — Art. 142 — Inspection under interim order — Law taken for granted — Held further: A subsequent inspection conducted in pursuance of an interim order does not entitle the Medical College to take the law for granted. Admissions made in defiance of the order of this Court are an attempt to overreach the process of the Court. (¶11) Constitution of India — Art. 142 — Sanctity of the judicial process — Penalty deposit — Held further: Having due regard to the consequences to the students and to the sanctity of the judicial process, such admissions may be left in place under Article 142, conditional on the college depositing a penalty not recoverable from the students. Appeals disposed of. (¶13, 15)

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