SC declines KIMS plea to raise MBBS intake from 120 to 150

The Supreme Court has declined a plea by Bengaluru's Kempegowda Institute of Medical Sciences for increasing seats for the MBBS course from 120 to 150 in academic session 2017-18.

A three-judge bench presided over by Chief Justice Dipak Misra, however, allowed the application made by the institute to be considered in the academic session of 2018-19 by the Medical Council of India.

The institute, represented by senior advocate Mahalakshmi Pavani, filed a writ petition before the apex court seeking direction to allow the increased intake of 150 students in the MBBS course in the current session. It also sought a direction to quash the communication sent by the MCI on September 4 for rectification of certain deficiencies in the institute for the purpose.

After analysing the facts of the matter, the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said, “no final decision has been taken on the proposal for enhancement of intake capacity from 120 to 150 seats by the competent authority, the question of granting relief to permit the petitioner-institution to admit upto 150 students in MBBS course for the academic session 2017-18 cannot be countenanced.”

The court also noted that since the admission process for the academic session 2017-18 has concluded and the last date for admitting students has expired, the question of granting any relief to the petitioner to permit admission of students up to 150 seats cannot be considered.

The court, however, directed the MCI to conduct fresh inspection of the institute within three months and grant an opportunity to it for removing the deficiencies. The assessment report should be sent to the central government after its consideration by the executive council of the MCI. The central government will take a considered decision by affording an opportunity of hearing to the petitioner-institution, it said.