Madras HC Directs Medical College To Surrender 13 Seats For Two Years For Admitting 26 Students Violating MCI Guidelines, Orders To Pay ₹ 10 Lakh To Charity
|The Madras High Court has directed the Pondicherry Institute of Medical Sciences to surrender 13 seats during the academic year 2025-26 and 13 seats during the academic year 2026-27 for admitting 26 students in violation of the Medical Council of India's directions.
The Court was considering a writ petition filed by the Institute against the order of the Medical Council of India and the consequential orders issued by the Government of Puducherry and the Pondicherry University.
The single-bench of Justice M. Dhandapani observed, "Perusal of the instructions reveal that NMC has decided to exempt the petitioner's students, however, decided to impose penalty on the petitioner by barring the petitioner from taking admission against 26 seats for subsequent two years. However, the petitioner is ready to surrender 13 seats each for two years [totally 26 seats] for the academic years 2025-26 and 2026-27."
The petitioner was represented by Senior Advocate Vijay Narayanan while the respondents were represented by Advocate B.Rabu Manohar, Advocate Shubharanjani Ananth, Government Advocate Ramasamy Meyyappan and Advocate A.V.Bharathi.
Senior Counsel for petitioner submitted that during the pendency of this writ petition, all 26 students successfully completed their MBBS Course and further submitted that some of the students are pursuing higher studies and some of the students are working. He thus submitted that since all the students completed their MBBS Course, if they are discharged at a later point of time, the knowledge acquired by them may go waste and will not be of any use for the society.
On the other hand, Counsel for the second respondent submitted that the respondents have sent instructions stating that the Commission has decided to exempt the petitioner students from any sort of punishment, however, there shall be an action initiated against the petitioner in accordance with the relevant regulation of NMC and that the Commission has decided to impose regulation as prescribed under Maintenance of Standards of Medical Education Regulations, 2023 (MSMER-2023) at Sub-clause (f) of clause 8 of Chapter III titled 'penalties' whereby the college shall be barred from taking admission against 26 seats for subsequent two years.
He also urged the Court that apart from the above, the court may impose some punishment of compensation payable to any orphanage.
To this, the Senior Counsel for the petitioner submitted that the petitioner is ready to surrender 13 seats each for two subsequent years, from the Management quota to Government quota and hence, instead of barring the petitioner from taking admission, the petitioner may be permitted to surrender 13 seats each for two subsequent years.
The Court took note of the fact that the NMC has decided to exempt the petitioner's students, however, decided to impose penalty on the petitioner by barring the petitioner from taking admission against 26 seats for subsequent two years. However, the petitioner is ready to surrender 13 seats each for two years [totally 26 seats] for the academic years 2025-26 and 2026-27 and thereby issued suitable directions.
The petition was accordingly dismissed.
Cause Title: Pondicherry Institute of Medical Sciences vs. The Government of India
Appearances:
Petitioner- Senior Advocate Vijay Narayanan
Respondents- Advocate B.Rabu Manohar, Advocate Shubharanjani Ananth, Government Advocate Ramasamy Meyyappan and Advocate A.V.Bharathi.