SC Slams NMC, Dismisses Pleas With Rs 10 Lakh Fine Over Medical College Seat Approval Dispute

The Supreme Court dismissed NMC's pleas over medical college seat approval, imposing a Rs 10 lakh fine, stating the NMC acted unreasonably by harassing the institution operational for 18 years.

New Delhi: The National Medical Commission (NMC) is an organ of the State and is expected to act in a fair and reasonable manner, the Supreme Court has said while dismissing with costs of Rs 10 lakh its pleas challenging an order of the Kerala High Court.

A bench comprising Justices B R Gavai and K V Viswanathan was addressing the NMC's petitions concerning the withdrawal of approval granted to a medical college for increasing its seat count from 150 to 250 for the 2023-24 academic year, as reported by news agency PTI.

The court noted that forcing the college to repeatedly seek permission in various courts, despite being operational for 18 years, appeared to be a deliberate attempt to harass the institution.

"Prima facie, we find that the attitude of the NMC is not of a model litigant. The NMC is an organ of the State and is expected to act in a fair and reasonable manner," the bench said in its order passed on September 9.

"We are, therefore, of the view that the present special leave petitions are an abuse of the process of law and, therefore, dismissed with cost quantified at Rs 10,00,000 to be paid within four weeks from the date of this order," it said.

The Bench noted that the National Medical Commission (NMC) and others had challenged an August 13 Kerala High Court order, which directed a medical college to file an undertaking. The high court had also instructed that upon receiving this undertaking, the NMC should grant the college permission.

Reviewing the case, the apex court found that a February 27, 2023 letter from the Medical Assessment and Rating Board (MARB) initially approved the college’s request to increase seats from 150 to 250 for the 2023-24 academic year. However, this approval was later withdrawn through an April 5, 2023 letter.

The court observed that the proposal's disapproval could not have been based on the matter being sub-judice, and if the NMC had concerns, it should have sought clarification from the appropriate court.

Furthermore, the bench pointed out that a Consent of Affiliation (COA) had been granted to the medical college on August 12, 2024, reinforcing the institution's case. The NMC’s counsel argued that permission is granted annually and that the earlier disapproval applied only to the 2023-24 academic year.

The court criticised the NMC for forcing the institution, which had been operational for 18 years, to seek permissions repeatedly, calling it an attempt to harass the college. The bench added that the withdrawal of approval for the 2023-24 academic year did not highlight any deficiencies other than the non-grant of COA.

The Supreme Court dismissed the NMC's pleas, imposing costs of Rs 5 lakh to be deposited with the Supreme Court Advocates-on-Record Association for library purposes and an additional Rs 5 lakh with the Supreme Court Bar Association Advocates Welfare Fund.

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