Supreme Court of India· 10 February 2023

Under Article 142 of the Constitution, can the Court direct that admissions made in breach of a stay shall not be disturbed, conditional on a penalty deposit?

NATIONAL MEDICAL COMMISSION & ANR. v. ANNASAHEB CHUDAMAN PATIL MEMORIAL MEDICAL COLLEGE & ORS.

2023 INSC 117 · Civil Appeal No 966 of 2023
Coram: Dr Dhananjaya Y Chandrachud; Pamidighantam Sri Narasimha; J B Pardiwala

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Answer

Yes. Having due regard to the consequences which will be faced by the students if their admissions are disturbed, and equally to the sanctity of the judicial process which has to be observed, the Court in the exercise of the jurisdiction under Article 142 directed that the admissions should not be disturbed conditional on the Medical College depositing an amount of Rs 2.5 crores.

Headnote

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)

In the Court's own words

Paragraph 13The issue which now remains is as regards the admission which was granted to 100 students for 2021-22 in breach of the order of stay passed by this Court. On one hand, the Court has due regard to the consequences which will be faced by the students if their admissions are disturbed, at this stage. Equally, the sanctity of the judicial process has to be observed. We are, therefore, of the considered view in the exercise of the jurisdiction under Article 142 of the Constitution that the admissions which were granted to 100 students for 2021- 22 should not be disturbed conditional on the Medical College depositing an amount of Rs 2.5 crores within a period of four weeks. The amount shall be deposited with the All India Institute of Medical Sciences, New Delhi and a proof of receipt shall be furnished both to the appellants and to the Registry of this Court. The amount, upon deposit, shall be utilized at the discretion of the Director, AIIMS for meeting the requirements of poor and needy patients. 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.

Acts & Sections

Art.142 Constitution of IndiaArt.226 Constitution of Indias.11 Indian Medical Council Act, 1956

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Also decided in this judgment

Can a medical college proceed with admissions where the High Court order permitting those admissions has been stayed by the Supreme Court?Does a subsequent inspection conducted in pursuance of an interim order entitle a college to proceed with admissions made in defiance of a stay?Is a penalty deposit directed against a medical college recoverable from the students?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections