SC says HC abandoned judicial propriety in granting relief to medical college

SC says HC abandoned judicial propriety in granting relief to medical college

The Supreme Court has said a division bench of Allahabad High Court "abandoned the concept of judicial propriety and transgressed rule" in allowing a private medical college to admit 150 students to MBBS course. It also pulled up the college for having "polluted the purity attached to the justice dispensation system and sullied the majesty of law."

A three-judge bench, presided over by Chief Justice Dipak Misra, noted the HC for "some unfathomable and inscrutable" reasons passed an interim order granting permission for admission for academic session 2016-17 and 2017-18, without giving opportunity to the Centre and the Medical Council of India to respond to the plea by G C R G Memorial Trust.

The trust had first approached the apex court but it was allowed to withdraw its plea on August 28 with a liberty to approach the HC. The top court had then said the HC would not pass any interim order. A day later on August 29, the trust filed a writ petition in the HC which delivered its judgement on September 1.

"It is clear as the cloudless sky that the judgment of the High Court shows unnecessary and uncalled for hurry, unjustified haste and an unreasonable sense of promptitude possibly being oblivious of the fact that the stand of the MCI and the central government could not be given indecent burial. Such a procedure cannot be countenanced in law," the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said.

Overturning the HC's decision by calling it as "totally unwarranted", the bench said, "such things create institutional problems". The court told the institution to pay Rs 10 lakh each to the students, and refund their fees. Besides, it asked the institution to pay Rs 25 lakh as cost for "absolutely blameworthy" conduct.

 

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