SC orders private medical college to deposit Rs 5 cr for taking in students on its own

The Supreme Court on Wednesday directed a private medical college of Lucknow in Uttar Pradesh to deposit Rs 5 crore for admitting 132 students on its own in MBBS course in 2017-18, contrary to regulations.

A bench of Justices L Nageswara Rao and S Ravindra Bhat dismissed a petition by Saraswati Educational Trust, saying "Intentional violation of the regulations by the college cannot be condoned."

However, taking note of the fact that the students have completed second year of their MBBS course, the court said cancelling their admissions at this stage would not serve any useful purpose. The court directed Chhatrapati Sahuji Maharaj University, Kanpur to conduct second-year examinations of such students, saying they should be permitted to complete their course and they should be saved from losing three academic years owing to the peculiar facts and circumstances of the case.

"The students who joined the college knowing fully well that their admissions are contrary to the regulations are directed to do community service for a period of two years after completing their MBBS course," the bench said.

The court said the National Medical Commission should constitute a trust with the amount of Rs five crore for helping the needy students in admission to medical colleges in Uttar Pradesh.

It noted the college did not accede to a request by the MCI for discharge of the students and continued their education.

The college claimed the Director General of Medical Education was lethargic and did not promptly respond to its letter, forcing it to admit students from the list of 735 students allotted to it.

The MCI, for its part, contended the college can make admissions of students allotted by the Director General Medical Education. In case students from the list of 150 did not join before the last date, the college should have approached this court for extension of time.

It also said students who were admitted contrary to the regulations are not entitled to claim any equity and the college which acted in blatant violation of the Regulation was liable to be penalised suitably.